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

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

What the court decided

AI extract

Outcome

Interim relief only: the short counter affidavit of private opposite party nos.2 and 3 was taken on record; the parties were directed to appear before the court concerned for verification of the compromise within six weeks; the applicants were directed to file a supplementary affidavit with the certified copy of the compromise and verification proceedings; further proceedings of Case No.1680 of 2009 were stayed against the applicants till the next date; matter to be put up as fresh on 30.01.2026. The application itself remains pending and was not finally allowed or dismissed.

Issue for consideration

Whether, in view of the compromise dated 14.08.2025 and 17.10.2025 arrived at between the parties, the further proceedings in Case No.1680 of 2009 (State v. Sannwar and others), arising out of Case Crime No.232 of 2002 under Section 364 IPC, against the applicants should be set aside/quashed.

Court's answer

Both the parties were directed to appear before the court concerned for verification of the compromise within six weeks.

Ratio / Principle

The court concerned was directed to verify the compromise.

Key takeaways

The applicants were directed to file a supplementary affidavit annexing the certified copy of the compromise as well as the proceedings of verification of the compromise.ratio¶13
As an interim measure, till the next date of listing, the further proceedings of Case No.1680 of 2009 (State v. Sannwar and others) pending before the Additional Civil Judge (J.D.), Court No.2, Muzaffar Nagar were stayed against the applicants; the case was directed to be listed as fresh on 30.01.2026.ratio¶17

Detailed headnote1 paragraphs

Interim order of a learned Single Judge (Sanjay Kumar Pachori, J.) of the High Court of Judicature at Allahabad in Application u/s 528 BNSS No. 44681 of 2025 (Shakeel and another v. State of U.P. and 2 others), decided 14 November 2025 (Court No. 75). The applicants sought relief in respect of further proceedings in Criminal Case No.1680 of 2009 (State v. Sannwar and others), arising out of Case Crime No.232 of 2002, under Section 364 IPC, P.S. Civil Lines, District Muzaffar Nagar, pending before the Additional Civil Judge (J.D.), Court No.2, Muzaffar Nagar. Counsel stated that the parties settled their dispute by compromises dated 14.08.2025 and 17.10.2025 (certified copy annexed as Annexure-6); co-accused Mumtiyaz, Ragib, Smt. Antrifa and Rashid stood acquitted on 12.07.2005 in Sessions Trial No.18 of 2004 with all prosecution witnesses declared hostile, and co-accused Naseem had died. The Court took the short counter affidavit of private opposite party nos.2 and 3 on record, directed the parties to appear before the court concerned for verification of the compromise within six weeks, the court concerned to verify it, and the applicants to file a supplementary affidavit with the certified compromise and verification proceedings. Further proceedings of Case No.1680 of 2009 were stayed against the applicants till the next date; the matter was listed as fresh on 30.01.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44681 of 2025

Shakeel And Another

.....Applicant(s)

Versus
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s) :	Amit Rai, Gaurav Singh
Counsel for Opposite Party(s) :	G.A.

Court No. - 75

HON'BLE SANJAY KUMAR PACHORI, J.

Short counter affidavit filed on behalf of private opposite party nos.2 and 3 is taken on record.

Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Section 364 of I.P.C. on the basis of compromise dated 14.08.2025 and 17.10.2025. Certified copy of compromise is annexed as annexure-6 to the affidavit filed in support of the instant application.

It is further submitted that co-accused Mumtiyaz, Ragib, Smt. Antrifa and Rashid were acquitted by the trial court vide judgment and order dated 12.07.2005 passed in Sessions Trial No.18 of 2004 wherein all the prosecution witnesses were declared hostile. It is also submitted that coaccused Naseem had died.

Both the parties are directed to appear before the court concerned for verification of compromise within six weeks from today.

Court concerned is directed to verify the same.

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

Put up this case on 30.01.2026 as fresh.

NA528 No. 44681 of 2025

2

Till the next date of listing, further proceedings of Case No.1680 of 2009 (State Vs. Sannwar and others) arising out of Case Crime No.232 of 2002, under Section 364 IPC, P.S. Civil Lines, District Muzaffar Nagar, pending in the Court of Additional Civil Judge (J.D.), Court No.2, Muzaffar Nagar, shall remain stayed against the applicants.

(Sanjay Kumar Pachori,J.)

November 14, 2025 Shahroz

Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad