Ishwar Singh Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ishwar Singh Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; charge-sheet arising out of Case Crime No.0527 of 2024 under Section 376 I.P.C. (Police Station Karvi Kotwali Nagar, District Chitrakoot) quashed, and trial proceedings in Criminal Case No.448 of 2025 (State Versus Ishwar Singh Yadav) consequently quashed.

Issue for consideration

Whether the charge-sheet and entire criminal proceedings arising out of the F.I.R. alleging rape on false promise of marriage (Case Crime No.0527 of 2024, Section 376 I.P.C., P.S. Karvi Kotwali Nagar, District Chitrakoot) should be quashed in view of the compromise between the parties verified by the Magistrate.

Court's answer

Since the parties have entered into a compromise verified by the Magistrate and there is no point in continuing the trial (the star witness would not support the prosecution case), the charge-sheet arising out of Case Crime No.0527 of 2024 under Section 376 I.P.C., Police Station Karvi Kotwali Nagar, District Chitrakoot, is quashed.

Ratio / Principle

Consequent upon the quashing of the charge-sheet, the proceedings of trial in Criminal Case No.448 of 2025 (State Versus Ishwar Singh Yadav) are also quashed.

Key takeaways

There is no point in getting the trial continued where the parties have buried their differences through a verified compromise, as the star witness would not support the prosecution case.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 81) — Hon'ble Avnish Saxena, J. | Application U/S 528 BNSS No. 41590 of 2025, Ishwar Singh Yadav v. State of U.P. and Another, decided October 29, 2025 | Quashing of charge-sheet and trial proceedings after verified compromise: The applicant had been implicated by opposite party no. 2 in an F.I.R. alleging rape on false promise of marriage, giving rise to Case Crime No. 0527 of 2024 under Section 376 I.P.C., Police Station Karvi Kotwali Nagar, District Chitrakoot, and trial as Criminal Case No. 448 of 2025 (State Versus Ishwar Singh Yadav). Pursuant to a coordinate Bench order dated 17.09.2025 in Application U/S 528 BNSS No. 31825 of 2025 (which had directed verification of any compromise and granted one month's respite from coercive action), the parties filed a compromise before the trial court, verified by the Chief Judicial Magistrate, Chitrakoot on 27.09.2025 (certified copy at p. 94). As the parties had buried their differences and the star witness would not support the prosecution case, this Court quashed the charge-sheet and, consequently, the entire trial proceedings; the application under Section 528 B.N.S.S. was allowed. Counsel: Nikhil Kumar and Vagish Yadav for applicant; A.G.A./G.A. for State-opposite party no. 1; Saurabh Yadav for opposite party no. 2.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41590 of 2025

Ishwar Singh Yadav

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Nikhil Kumar, Vagish Yadav
Counsel for Opposite Party(s)	: G.A.
Court No.- 81

HON'BLE AVNISH SAXENA, J.

Sri Nikhil Kumar, learned counsel appears for the applicant and submits that the accused-applicant has been falsely implicated by opposite party no.2 for offence of rape on false promise of marriage. Both the applicant and opposite party no.2 are educated persons. They have buried their grievances by entering into a compromise.

A coordinate Bench of this Court by order dated 17.09.2025 has decided the Application under Section 528 B.N.S.S.No.31825 of 2025 (Ishwar Singh Yadav versus State of U.P. and another), whereby the compromise entered into between the parties was sent for verification. Relevant paragraphs of the said order are reiterated underneath:

"5. Accordingly, this petition is disposed of with a direction to the Court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the Court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the parties to approach this Court again for quashing of the proceedings.

6. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

7. Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for applicants, as per Rules of Court."

Pursuant to the order of this Court, parties have appeared before the trial

NA528 No. 41590 of 2025

2

court; filed compromise which has been verified by the court of Chief Judicial Magistrate, Chitrakoot on 27.09.2025. The certified copy of the verified compromise is annexed at page no.94 of the application.

Hence, the present application under Section 528 B.N.S.S. has been moved to quash the charge-sheet and entire proceedings of the case.

Learned A.G.A. is present for State-opposite party no.1.

Sri Saurabh Yadav, learned counsel appears for opposite party no.2 and files Vakalatnama on her behalf. The same is taken on record. He states that there is compromise between the parties and he admits the factum of compromise which is annexed at page no.94 of the application.

This Court has considered that F.I.R. has been lodged by opposite party no.2 for rape on false promise of marriage and subsequently compromise has been entered into between the parties which has been verified by the Magistrate.

There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case.

Thus, the charge-sheet arose out of Case Crime No.0527 of 2024 under Section 376 I.P.C., Police Station Karvi Kotwali Nagar, District Chitrakoot is hereby quashed. Consequently, the proceedings of trial in Criminal Case No.448 of 2025 (State Versus Ishwar Singh Yadav) is also quashed.

The application under Section 528 of B.N.S.S. is allowed accordingly.

October 29, 2025 MN/-

(Avnish Saxena,J.)

Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad