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

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

What the court decided

AI extract

Outcome

Interim order: further proceedings of Criminal Case No.584 of 2025 (State Vs. Mohammad Hasnain and another) stayed; notice issued to opposite party no.2 returnable at an early date; parties permitted to exchange affidavits; parties directed to file the compromise before the trial court for verification, with certified copy to be returned to this Court; case listed for 22.01.2026 within first ten cases.

Issue for consideration

Whether, considering the marriage between applicant no.1 and opposite party no.2 and the compromise between the parties, further proceedings of Criminal Case No.584 of 2025 (State Vs. Mohammad Hasnain and another) should be stayed.

Ratio / Principle

Considering the marriage between applicant no.1 and opposite party no.2 and the compromise between the parties, further proceedings of Criminal Case No.584 of 2025 (State Vs. Mohammad Hasnain and another), arising out of Case Crime No.276 of 2024, under Sections 69, 351(2), 64 B.N.S., Police Station Ali Nagar, District Chandauli, pending before the Civil Judge (Junior Division) F.T.C., Chandauli, are stayed.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Avnish Saxena, J.), by order dated November 15, 2025 in Application U/S 528 BNSS No.-44902 of 2025 (Mohammad Hasnain and another v. State of U.P. and another), stayed further proceedings of Criminal Case No.584 of 2025 (State Vs. Mohammad Hasnain and another), arising out of Case Crime No.276 of 2024, under Sections 69, 351(2), 64 B.N.S., Police Station Ali Nagar, District Chandauli, pending before the Civil Judge (Junior Division) F.T.C., Chandauli, considering the marriage between applicant no.1 and opposite party no.2 and the compromise between the parties (compromise placed at page no.50 of the application). Notice was issued to opposite party no.2 returnable at an early date; the parties were directed to file the compromise before the trial court for verification and to obtain its certified copy for the High Court; affidavits may be exchanged in the meantime; case listed for 22.01.2026 within first ten cases. Counsel: Sri Ankit Kapoor for the accused-applicants; learned A.G.A. (G.A.) for the State.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44902 of 2025

Mohammad Hasnain And Another

.....Applicant(s)

Versus

State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : G.A.

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Sri Ankit Kapoor, learned counsel for the accused-applicants and learned A.G.A. for the State are present.

Learned counsel for the accused-applicants submits that the allegation of rape has been initiated against the applicant no.1 and thereafter, against his son applicant no.2. On applicant no.1, the allegation for rape is on false promise of marriage. The applicant no.1 and opposite party no.2 have married each other. There is compromise between the parties at page no.50 of the application. Hence, seeks intervention of this Court.

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

Issue notice to opposite party no.2 returnable at an early date.

List this case on 22.01.2026, within first ten cases.

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

Considering the marriage between the applicant no.1 and opposite party no.2 and compromise between the parties, further proceedings of Criminal Case No.584 of 2025 (State Vs. Mohammad Hasnain and

NA528 No. 44902 of 2025

2

another), arising out of Case Crime No.276 of 2024, under Sections 69, 351(2), 64 B.N.S., Police Station Ali Nagar, District Chandauli, pending in the court of Civil Judge (Junior Division) F.T.C., Chandauli, is stayed.

(Avnish Saxena,J.)

November 15, 2025

Shivangi

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