Bharat Lal Sahani and 5 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Bharat Lal Sahani and 5 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief pending verification of the parties' compromise: applicants directed to file the compromise before the court concerned within three weeks; that court to verify it within three weeks thereafter and report to this Court; listing deferred by eight weeks; till the next date of listing, no coercive action against the applicants in the aforesaid case. Final decision on quashing deferred.

Issue for consideration

Whether the cognizance/summoning order dated 01.02.2016 passed by the Civil Judge (J.D)/FTC, Mirzapur, along with the proceedings of Case No. 276 of 2016 (Case Crime No. 1353 of 2015, P.S. Chilh, District Mirzapur) and charge-sheet No. 01 of 2016 dated 16.01.2016, should be quashed in view of the compromise entered into between the parties.

Court's answer

The Court did not quash the proceedings forthwith on the strength of the asserted compromise; it directed the applicants to file the said compromise before the court concerned within three weeks, for that court to verify the same within three weeks thereafter and send its report to this Court.

Ratio / Principle

As an interim measure, the Court ordered that till the next date of listing (fixed after eight weeks), no coercive action shall be taken against the applicants in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Tej Pratap Tiwari, J.), December 9, 2025 — Application U/S 528 BNSS No. 46705 of 2025 by Bharat Lal Sahani & 5 others v. State of U.P. & another (Court No. 79): interim order on an application seeking quashing of the cognizance/summoning order dated 01.02.2016 passed by the Civil Judge (J.D)/FTC, Mirzapur, together with the proceedings of Case No. 276 of 2016 arising out of Case Crime No. 1353 of 2015 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, and charge-sheet No. 01 of 2016 dated 16.01.2016, Police Station Chilh, District Mirzapur. Counsel for the applicants contended the parties had entered into a compromise (annexed at p. 64 of the supporting affidavit) and urged quashing thereon. The Court did not quash forthwith: it directed the applicants to file the compromise before the court concerned within three weeks, for verification by that court within three weeks thereafter and report to this Court; listed the matter after eight weeks; and ordered that, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46705 of 2025

Bharat Lal Sahani And 5 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) : Renu Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard Ms. Renu Pandey, learned counsel for the applicants, learned AGA for the State and perused the record.

This application under Section 528 of BNSS has been filed for quashing the cognizance/summoning order dated 01.02.2016 passed by the Civil Judge (J.D)/FTC, Mirzapur along with the proceedings of Case No. 276 of 2016, arising out of Case Crime No. 1353 of 2015 under Section 498A, 323, 504, 506 IPC., and 3/4 D.P. Act, as well as charge-sheet No.01 of 2016 dated 16.01.2016, Police Station Chilh, District Mirzapur (State Vs. Bharat Lal and Others).

Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed at page No. 64 to the affidavit in support of present application. It is argued that as such the present proceedings be quashed.

Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of three weeks from today before the court concerned who shall verify the same within three weeks thereafter and send its report to this Court.

4. List after eight weeks .

Till the next date of listing, no coercive action shall be taken

NA528 No. 46705 of 2025

2

against the applicants in the aforesaid case.

December 9, 2025 NSC

(Tej Pratap Tiwari,J.)

Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad