Kallu Alias Mohd Alik Khan and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kallu Alias Mohd Alik Khan and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of proceedings of Criminal Case No. 27 of 1999 against the applicants till the next date of listing (27.1.2026); both parties directed to appear before the court concerned within six weeks for verification of the compromise; applicants directed to file supplementary affidavit with certified copy of the compromise and its verification proceedings; case to be put up fresh on 27.1.2026.

Issue for consideration

Whether, in view of the settlement/compromise arrived at between the parties, the proceedings of Criminal Case No. 27 of 1999 (arising out of Case Crime No. 62A of 1998) should be stayed against the applicants in this application under S. 528 BNSS.

Court's answer

Proceedings of Criminal Case No. 27 of 1999 (State vs. Kallu and others), arising out of Case Crime No. 62A of 1998, pending in the court of ACJM Court No. 1, Fatehpur, shall remain stayed against the applicants till the next date of listing (27.1.2026).

Ratio / Principle

Both parties are directed to appear before the court concerned within six weeks for verification of the compromise, and the court concerned is directed to verify the same.

Key takeaways

Applicants are directed to file a supplementary affidavit annexing the certified copy of the compromise as well as the verification proceedings of the compromise.ratio¶14

Detailed headnote1 paragraphs

Interim order in an application under S. 528 BNSS (Allahabad High Court, Sanjay Kumar Pachori, J.). Counsel for both parties stated that they had settled their dispute arising out of an offence punishable under Sections 147, 148, 149, 323, 307, 504 and 506 IPC, police station Kotwali, district Fatehpur — a 1998 case of fire arm injury on the right hand of the injured, in which the prosecution had examined no evidence and which was pending in the committal court. The Court directed both parties to appear before the court concerned within six weeks for verification of the compromise, directed the applicants to file a supplementary affidavit annexing the certified copy of the compromise and its verification proceedings, and ordered that proceedings of Criminal Case No. 27 of 1999 (State vs. Kallu and others), arising out of Case Crime No. 62A of 1998, pending before ACJM Court No. 1, Fatehpur, shall remain stayed against the applicants till the next date of listing, 27.1.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39587 of 2025

Kallu Alias Mohd Alik Khan And 4 Others

.....Applicant(s)

Versus

State Of U.P. And Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Syed Mohammed Jafer Husain
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Mr. Anuj Kumar Sharma, learned Advocate has filed his vakalatnama today on behalf of opposite party No. 2, which is taken on record.

Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 147, 148, 149, 323, 307, 504 and 506 IPC, police station Kotwali, district Fatehpur. This is a case of fire arm injury on the right hand of the injured. Both the parties are neighbor. The case is related to the year 1998. Prosecution has not examined any evidence till today. The case is pending in committal court.

3.Both the parties are directed to appear before the court concerned within six weeks from today for verification and the court concerned is directed to verify the same.

Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise.

5.Put up this case as fresh on 27.1.2026.

Till the next date of listing proceedings of Criminal Case No. 27 of 1999 (State vs. Kallu and others) arising out of Case Crime No. 62A of 1998, under Sections 147, 148, 149, 323, 307, 504 and 506 IPC, police station Kotwali, district Fatehpur pending in the court of ACJM court No. 1 Fatehpur shall remain stayed against the applicants.

November 11, 2025

Sumaira

(Sanjay Kumar Pachori,J.)

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