Disposed¶13

Dharmendra Singh and 2 Others v. State of U.P. and Another

Allahabad HC27 Oct 2025NA528/41165/2025

Case brief

AI extract

What is this about?

Application u/s 528 BNSS; interim stay of trial proceedings; rape FIR (Sections 376, 323, 504, 506 IPC) lodged by daughter-in-law against in-laws after husband's death; alleged motive to grab family property; compromise between parties admitted by opposite party no.2; compromise to be verified by trial court; Sessions Case No. 2285 of 2022; Case Crime No. 40 of 2022; P.S. Sonakpur, District Moradabad; listed 01.12.2025; Justice Avnish Saxena.

What did the court decide?

Interim stay of further proceedings of Sessions Case No. 2285 of 2022 (Case Crime No. 40 of 2022, Sections 376, 323, 504, 506 IPC, P.S. Sonakpur, District Moradabad) till the next date of listing; parties permitted to file the compromise before the trial court for verification; matter listed on 01.12.2025. ¶13

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should interfere with (stay/quash) further proceedings in Sessions Case No. 2285 of 2022, arising out of Case Crime No. 40 of 2022 under Sections 376, 323, 504, 506 IPC, in view of the compromise between the applicants (in-laws of opposite party no.2) and opposite party no.2.

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Court's answer

As there was a family dispute leading to filing of FIR of rape by the daughter-in-law against her in-laws and a subsequent compromise between the parties, further proceeding of Sessions Case No. 2285 of 2022 (State Vs. Dharmendra Singh and others), arising out of Case Crime No. 40 of 2022, under Sections 376, 323, 504, 506 IPC, P.S. Sonakpur, District Moradabad shall remain stayed till the next date of listing.

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Ratio / Principle

The parties may appear before the trial court and file the compromise entered into between them, which shall be verified by the trial court; the trial court may return the certified copy of the compromise, keeping the original in the record, to this Court at an early date.

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Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), in an Application u/s 528 BNSS No. 41165 of 2025 by Dharmendra Singh and 2 others (in-laws of opposite party no.2), noted that opposite party no.2, after her husband's death, had lodged an FIR of rape and ancillary offences against her in-laws, that a compromise had been reached and annexed at page 66 of the application filed before the trial court, and that counsel for opposite party no.2 admitted the factum of compromise via short counter affidavit. Directing the parties to appear before the trial court and file the compromise for verification (certified copy to be returned to this Court, original retained on record), the Court ordered that further proceedings of Sessions Case No. 2285 of 2022 (State Vs. Dharmendra Singh and others), arising out of Case Crime No. 40 of 2022, under Sections 376, 323, 504, 506 IPC, P.S. Sonakpur, District Moradabad, shall remain stayed till the next date of listing (01.12.2025). Interim order; final decision deferred.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 41165 of 2025

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Dharmendra Singh And 2 Others

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite Party(s) Counsel for Applicant(s) : Atul Kumar Tiwari Counsel for Opposite Party(s) : G.A.

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Court No. - 81

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HON'BLE AVNISH SAXENA, J.

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Sri Atul Kumar Tiwari, learned counsel for the accused applicant appears and submits that the applicants are in-laws of opposite party no.2. The opposite party no.2 after death of her husband has lodged the FIR of rape and other ancillary acts just to grab the family property. Further submits that the applicant no.1 is brother-in-law, applicant nos. 2 and 3 are parents-in-law of opposite party no.2. There is a compromise between the parties. annexed with the application at page no. 66 filed before the trial court. Hence seeks interference of this Court.

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Learned AGA is present for the State-opposite party no.1.

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Sri Shiblu Pandey, learned counsel appearing for the opposite party no.2 hands up short counter affidavit. The same is taken on record. Learned counsel has admitted the factum of compromise.

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List on 01.12.2025.

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The parties may appear before the trial court and file the compromise entered into between the parties, which shall be verified by the trial court. The trial court may return the certified copy of compromise, keeping the original in the record, to this Court at an early date.

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As there was a family dispute leading to filing of FIR of rape by the daughter-in-law against her in-laws and subsequent compromise between the parties, further proceeding of Sessions Case No. 2285 of 2022 (State

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NA528 No. 41165 of 2025

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Vs. Dharmendra Singh and others), arising out of Case Crime No. 40 of 2022, under Sections 376,323, 504, 506 IPC, P.S. Sonakpur, District Moradabad shall remain stayed till the next date of listing.

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(Avnish Saxena,J.)

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October 27, 2025

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Abhishek Sri.

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Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad

Dharmendra Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dharmendra Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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