Santosh Singh Alias Santosh Kumar Singh and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Santosh Singh Alias Santosh Kumar Singh and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief granted: further proceedings of Case No. 856 of 2019 against the applicants stayed till the next date of listing; parties directed to file original compromise before the trial court within two weeks; trial court to verify the compromise and forward it with its report to this Court by the first week of January, 2026; matter to be listed afresh on 15.01.2026 before an appropriate Bench. The application itself was not finally allowed or dismissed.

Issue for consideration

Whether the entire proceedings of Case No. 856 of 2019 (State vs. Santosh Kumar Singh and others), arising out of Case Crime No. 84 of 2018, under Sections 147, 149, 386, 506, 307 IPC, Police Station Meja, District Allahabad, pending before the Additional Chief Judicial Magistrate, court no. 10, Allahabad, can be quashed, given that the parties claim to have amicably settled their disputes by a written compromise filed twice before the trial court without any order.

Court's answer

Considering the judgments of the Supreme Court in Gian Singh v. State of Punjab and Another (2012) 10 SCC 303 and Nikhil Merchant vs Central Bureau of Investigation, 2008 (9) SCC 677, a case for grant of interim relief stands made out.

Ratio / Principle

The parties were directed to file the original compromise alongwith a copy of the order before the court concerned within two weeks; the court concerned is to call upon the parties, verify the original compromise after attesting the signatures of both parties and their counsel, and forward the verified compromise with its report to this Court by the first week of January, 2026.

Key takeaways

Till the next date of listing, further proceedings of Case No. 856 of 2019 against the applicants shall remain stayed; the case is to be put up on 15.01.2026 as fresh before an appropriate Bench.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Kshitij Shailendra, J.), Application U/S 528 BNSS No. - 39530 of 2025, decided November 17, 2025: Applicants sought quashing of the entire proceedings of Case No. 856 of 2019 (State vs. Santosh Kumar Singh and others), arising out of Case Crime No. 84 of 2018, under Sections 147, 149, 386, 506, 307 IPC, Police Station Meja, District Allahabad, pending before the Additional Chief Judicial Magistrate, court no. 10, Allahabad, on the ground that the parties had amicably settled their disputes by a written compromise filed twice before the trial court without any order having been passed. Considering Gian Singh v. State of Punjab and Another (2012) 10 SCC 303 and Nikhil Merchant vs Central Bureau of Investigation, 2008 (9) SCC 677, the Court held a case for interim relief stood made out: parties to file the original compromise with a copy of the order before the trial court within two weeks; the trial court to verify the compromise after attesting signatures of both parties and their counsel and forward the verified compromise with its report to the High Court by the first week of January, 2026; further proceedings against the applicants stayed till the next date of listing; case listed afresh on 15.01.2026 before an appropriate Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39530 of 2025

Santosh Singh Alias Santosh Kumar Singh And 2 Others

ers			.....Applicant(s)
	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	Dhananjai Rai,	Vibhu Rai
Counsel for Opposite Party(s)	:	G.A.

Court No. - 75

HON'BLE KSHITIJ SHAILENDRA, J.

Shri Sandeep Kumar Dwivedi, learned counsel has put in appearance on behalf of opposite party No. 2. Vakalatnama filed by him is taken on record.

Heard Shri Vibhu Rai, learned counsel for the applicants, learned A.G.A. for State-respondent and Shri Sandeep Kumar Dwivedi, learned counsel for opposite party No. 2.

The instant application under Section 528 BNSS has been filed by the applicants for quashing the entire proceedings of Case No. 856 of 2019 (State vs. Santosh Kumar Singh and others) arising out of Case Crime No. 84 of 2018, under Sections 147, 149, 386, 506, 307 IPC, Police Station Meja, District Allahabad pending in the court of Additional Chief Judicial Magistrate, court no. 10, Allahabad.

It is submitted that the parties have amicably settled their disputes and differences in terms of written compromise and the same was filed twice before the court concerned. However, till today, no order has been passed and, even otherwise, considering the nature of offence, only this Court is competent to pass appropriate orders. Certified copy of compromise is annexed alongwith the affidavit supporting application.

Considering the judgement of Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab and Another (2012) 10 SCC 303 as well

NA528 No. 39530 of 2025

2

as Nikhil Merchant vs Central Bureau of Investigation, 2008 (9) SCC 677 , a case for grant of interim relief stands made out.

Matter requires consideration.

The parties are directed to file original compromise alongwith copy of this order before the court concerned within a period of two week s from today.

The court concerned shall call upon the parties to the compromise and shall get the original compromise verified after attesting the signatures of both the parties as well as their counsel on the compromise respectively and then shall forward the copy of the verified compromise along with his report to this Court by the first week of January, 2026 .

Put up this case on 15.01.2026 as fresh before appropriate Bench.

Till the next date of listing, further proceedings of aforesaid case against the applicants shall remain stayed .

When the matter is listed next, the name of Shri Sandeep Kumar Dwivedi shall be shown as counsel for opposite party No. 2 in the cause list.

(Kshitij Shailendra,J.)

November 17, 2025

Sazia

Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad