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

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

What the court decided

AI extract

Outcome

Notice issued to opposite party no. 2 (counter affidavit may be filed before next date); parties to appear before the trial court concerned for verification of the compromise in December, 2025; trial court to facilitate verification and send the duly verified compromise with its report to this Court by end of January, 2026; matter put up fresh on 11.02.2026; till then, further proceedings of Case No. 762 of 2024 stayed. Interim protection only - the quashing prayer itself remains undecided pending the verified-compromise report.

Issue for consideration

Whether the charge sheet dated 23.02.2024, the cognizance order dated 27.06.2024 and the entire proceedings of Case No. 762 of 2024 (State Vs. Dharmpal and others), arising out of Case Crime No. 306 of 2023 under Sections 452, 323, 504, 506, 308, 34 IPC, Police Station Dankaur, District Gautam Budh Nagar, should be quashed on the basis of the compromise dated 30.10.2025.

Court's answer

Considering the nature of the dispute, the statements made and the law laid down by the Supreme Court in Nikhil Merchant ((2008) 9 SCC 677) and Gian Singh ((2012) 10 SCC 303), a prima facie case for grant of interim protection stands made out.

Ratio / Principle

Further proceedings of Case No. 762 of 2024 shall remain stayed till the next date of listing (11.02.2026), pending verification of the compromise by the trial court and its report to this Court.

Detailed headnote1 paragraphs

INTERIM PROTECTION ORDER ON COMPROMISE-BASED QUASHING APPLICATION - Allahabad High Court, Court No. 64, Kshitij Shailendra, J., order dated November 19, 2025. Application U/S 528 BNSS No. 45766 of 2025 by Dharmpal and another (counsel: Jay Shanker, Sunil Kumar Singh; opposite parties: State of U.P. and another, counsel: G.A.) seeks quashing of the charge sheet dated 23.02.2024, the cognizance order dated 27.06.2024 and the entire proceedings of Case No. 762 of 2024 (State Vs. Dharmpal and others) arising out of Case Crime No. 306 of 2023, under Sections 452, 323, 504, 506, 308, 34 IPC, Police Station Dankaur, District Gautam Budh Nagar, on the basis of an original compromise dated 30.10.2025 filed and taken on record. Considering the nature of the dispute, the statements made and the law laid down by the Hon'ble Supreme Court in Nikhil Merchant Vs. Central Bureau of Investigation and another: (2008) 9 SCC 677 and Gian Singh Vs. State of Punjab and another: (2012) 10 SCC 303, a prima facie case for grant of interim protection was held to stand made out. Notice was issued to opposite party no. 2; parties directed to appear before the trial court for verification of the compromise in December, 2025; the court concerned to send the duly verified compromise with its report by end of January, 2026; matter put up fresh on 11.02.2026, with further proceedings of the aforesaid case stayed till the next date of listing. Final adjudication of the quashing prayer deferred pending the verification report - cite accordingly as an interim-stage decision.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45766 of 2025

Dharmpal And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Jay Shanker, Sunil Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 64

HON'BLE KSHITIJ SHAILENDRA, J.

Learned counsel for the applicants is permitted to correct the year of crime during the course of day.

Heard learned counsel for the parties.

The present application has been filed for quashing of the charge sheet dated 23.02.2024, cognizance order dated 27.06.2024 as well as entire proceedings of Case No. 762 of 2024 (State Vs. Dharmpal and others) arising out of Case Crime No. 306 of 2023, under Sections 452, 323, 504, 506, 308, 34 IPC, Police Station Dankaur, District Gautam Budh Nagar.

It is contended that original compromise dated 30.10.2025 has been filed and taken on record of file on the same date itself. It is prayed that the proceedings of the aforesaid proceedings be quashed based upon the compromise.

Considering the nature of dispute, statement made and the law laid down by Hon'ble Supreme Court in Nikhil Merchant Vs. Central Bureau of Investigation and another: (2008) 9 SCC 677 and Gian Singh Vs. State of Punjab and another: (2012) 10 SCC 303 , a prima facie case for grant of interim protection stands made out.

Issue notice to opposite party no. 2.

Counter affidavit, if any, may be filed before the next date.

NA528 No. 45766 of 2025

2

The parties to the proceedings shall appear before the trial court concerned for the purposes of verification in the month of December, 2025.

The court concerned shall facilitate verification of compromise and shall send the duly verified compromise along with its report to this Court by the end of January, 2026.

Put up as fresh on 11.02.2026 .

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed .

(Kshitij Shailendra,J.)

November 19, 2025 AKShukla/-

Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad