Shailendra Pal vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shailendra Pal vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Misc. Case No.27269 of 2025 (State v. Shailendra Pal), arising out of Case Crime No.73 of 2025, pending before the Additional Civil Judge (S.D.)/A.C.J.M., Court No.1, Jhansi; parties permitted to exchange affidavits in the meantime; parties to file the compromise before the trial court for verification with certified copy to be returned to the High Court; case listed on 07.01.2026.

Issue for consideration

Whether the criminal proceedings in Misc. Case No.27269 of 2025 (State v. Shailendra Pal), arising out of Case Crime No.73 of 2025 under Sections 64(1), 351(3), 123 of B.N.S., should be stayed/interfered with in view of the marriage dated 11.08.2025 and the compromise between the applicant and opposite party no.2.

Court's answer

Considering the compromise between the parties, the proceedings of Misc. Case No.27269 of 2025 (State v. Shailendra Pal), arising out of Case Crime No.73 of 2025, under Sections 64(1), 351(3), 123 of B.N.S., Police Station Sakrar, District Jhansi, pending before the Additional Civil Judge (S.D.)/A.C.J.M., Court No.1, Jhansi, are stayed.

Ratio / Principle

The parties were directed to 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 on record, to the High Court at an early date.

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), Application U/S 528 BNSS No. 43126 of 2025, decided November 6, 2025 — Shailendra Pal v. State of U.P. and Another. The accused-applicant sought the Court's intervention on the ground that opposite party no.2 had lodged an F.I.R. of rape (Case Crime No.73 of 2025, Police Station Sakrar, District Jhansi) and that the parties had thereafter married on 11.08.2025 and entered into a compromise (at page no.41), a fact admitted by learned counsel for opposite party no.2. Considering the compromise, the Court stayed the proceedings of Misc. Case No.27269 of 2025 (State v. Shailendra Pal), arising out of Case Crime No.73 of 2025, under Sections 64(1), 351(3), 123 of B.N.S., pending before the Additional Civil Judge (S.D.)/A.C.J.M., Court No.1, Jhansi. The parties were directed to appear before the trial court and file the compromise for verification, with the certified copy to be returned to the High Court; exchange of affidavits was permitted; the case was listed on 07.01.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 43126 of 2025

Shailendra Pal

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Om Prakash Yadav Counsel for Opposite Party(s) : Rajendra Prasad, G.A.

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Sri Rajendra Prasad, learned counsel for the opposite party no.2 has filed the vakalatnama and short counter affidavit. The same is taken on record. The name of learned counsel be shown in the cause list.

Sri Om Prakash Yadav, learned counsel for the accused-applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State are present.

Learned counsel for the accused-applicant submits that the opposite party no.2 has lodged the F.I.R. of rape on pretext of getting the job. Later on, the applicant and opposite party no.2 have married on 11.08.2025 and entered into compromise, which is at page no.41. Hence, seeks intervention of this Court.

Learned counsel for the opposite party no.2 has admitted the factum of compromise and marriage between the parties.

Learned A.G.A. accepts notice for the State.

List this case on 07.01.2026.

In the meantime, the parties may exchange affidavits.

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

NA528 No. 43126 of 2025

2

original in the record, to this Court at an early date.

Considering the compromise, the proceedings of Misc. Case No.27269 of 2025, (State Vs. Shailendra Pal), arising out of Case Crime No.73 of 2025, under Sections 64(1), 351(3), 123 of B.N.S., Police Station Sakrar, District Jhansi, pending in the court of Additional Civil Judge (S.D.)/A.C.J.M., Court No.1, Jhansi, is stayed.

(Avnish Saxena,J.)

November 6, 2025

Shivangi

Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad