Mohd Arif Attari and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mohd Arif Attari and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: applicants to file certified copy within two weeks; concerned Magistrate (Court No.5, Agra) to verify identity of parties and terms of compromise and report within two months; notices to opposite party No.2; no coercive action against applicants pursuant to the entire proceedings of Case No.17145/2025 till the next date; matter listed after receipt of the report.

Issue for consideration

Whether the compromise entered into between the parties in Case No.17145/2025 should be verified by the concerned trial court so that the High Court may pass appropriate orders on the application under Section 528 BNSS.

Court's answer

In case the applicants file a certified copy of the order before the concerned Court within two weeks, that Court shall verify the identity of the parties and the terms of the compromise and send a report to the High Court within two months from the date of production of the certified copy.

Ratio / Principle

Notices were directed to be issued to opposite party No.2, returnable at an early date, and the matter is to be listed after receipt of the report from the concerned Court.

Key takeaways

As an interim measure, till the next date no coercive action shall be taken against the applicants pursuant to the entire proceedings of Case No.17145/2025.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rajiv Lochan Shukla, J.), Application U/S 528 BNSS No. 41660 of 2025, Mohd Arif Attari and 3 others v. State of U.P. and another, decided December 3, 2025: On counsel's statement that the parties had entered into a compromise, filed before the learned Additional Chief Judicial Magistrate, Court No.5, Agra in Case No.17145/2025 (State vs. Mohammad Arif Attari and others) arising out of Case Crime No.47 of 2025 under Sections 115(2), 117(2), 352 BNS 2023, P.S. Lohamandi, District Agra, the Court directed that upon the applicants filing a certified copy of the order within two weeks, the concerned Court shall verify the identity of the parties and the terms of the compromise and send a report to the High Court within two months of production of the certified copy. Notices were ordered to opposite party No.2, returnable at an early date, and, till the next date, no coercive action was to be taken against the applicants pursuant to the entire proceedings of Case No.17145/2025. Matter to be listed after receipt of the report.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41660 of 2025

Mohd Arif Attari And 3 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Najakat Ali
Counsel for Opposite Party(s)	: G.A.

Court No. - 83

HON'BLE RAJIV LOCHAN SHUKLA, J.

Shri Ram Avatar Rao, Advocate holding the brief of Shri Najakat Ali, Learned counsel for the applicants states that in these proceedings the parties have entered into a compromise and the compromise has been filed before the Learned Additional Chief Judicial Magistrate, Court No.5, Agra in Case No.17145/2025 (State vs. Mohammad Arif Attari and others) arising out of Case Crime No.47 of 2025, under Sections 115(2), 117(2), 352 BNS 2023, P.S. Lohamandi, District Agra. He prays that the said compromise may be verified by the concerned Court so that appropriate orders may be passed by this Court on receipt of verification report.

In view of the submissions so made, it is provide that in case the applicants file a certified copy of this order before the concerned Court within two weeks from today, the concerned Court shall proceed to verify the identity of the parties and the terms of the compromise and send a report to this Court within a period of two months form the date of production of certified copy of this order.

In the meantime, notices may also be issued to the opposite party No.2, returnable at an early date.

List after receipt of the report from the concerned Court.

Till the next date, no coercive action shall be taken against the applicants pursuant to the entire proceedings of Case No.17145/2025

NA528 No. 41660 of 2025

2

(State vs. Mohammad Arif Attari and others) arising out of Case Crime No.47 of 2025, under Sections 115(2), 117(2), 352 BNS 2023, P.S. Lohamandi, District Agra pending before the Learned Additional Chief Judicial Magistrate, Court No.5, Agra.

(Rajiv Lochan Shukla,J.)

December 3, 2025

A. Pandey

Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad