Disposed

Abhishek @ Abhishek Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC16 Feb 2026A482/1273/2026

Case brief

AI extract

What is this about?

Single judge application to quash criminal proceedings based on a compromise. Court did not quash immediately but directed parties to verify compromise before trial court within six weeks. No coercive action taken for three months.

What did the court decide?

Direction to verify compromise before trial court within six weeks; no coercive action for three months.

Abhishek @ Abhishek Kumar and 3 Others vs State of U.P… — Quashing and FIR | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 1273 of 2026

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Abhishek @ Abhishek Kumar And 3 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)

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Counsel for Applicant(s) : Shiv Kumar Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Sri Gautam Mishra, Advocate is present for the opposite party No. 2 by filing his Vakalatnama on her behalf, which is taken on record.

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Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

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The applicants have filed the instant application withe the following main prayer:

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".. it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

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i. To quash the entire proceedings of Case No.1273 of 2024 "State Vs. Abhishek and others" arising out of Case Crime No.275/2020, under section 323, 376, 342, 498-A, 504, 506 IPC, 3/4 of D.P. Act, police Station Achalganj, District Unnao, pending before learned Civil Judge (Junior Division)/Fast Track Court /CAW, Unnao as well as impugned chargesheet No.23 of 2021, dated 03.02.2021 filed under section 323, 342, 498-A, 504, 506 IPC, 3/4 of D.P. Act, police Station Achalganj, District Unnao filed against petitioner no.1 to 3 on the basis of the compromise dated 04.02.2026 which has been made between the parties (Annexure No.12), in the interest of justice.

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A482 No. 1273 of 2026

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ii. To quash the impugned chargesheet No.23 of 2021, dated 03.02.2021 filed under section 323, 342, 498-A, 504, 506 IPC, 3/4 of D.P. Act, police Station Achalganj, District Unnao filed against petitioner no.1 to 3 and Chargesheet No.23A/2021, dated 22.09.2022 filed under section 323, 342, 376, 498-A, 504, 506 IPC, 3/4 of D.P. Act, police Station Achalganj, District Unnao filed against petitioner no.4, contained as Annexure No.1(Colly.) to this petition, on the basis of the compromise dated 04.02.2026 which has been made between the parties (Annexure No.12);

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iii. To quash the impugned summoning order dated 05.01.2024 passed by learned Civil Judge (Junior Division)/Fast Track Court / CAW, Unnao in Case No. 1273 of 2024 "State Vs. Abhishek and others" arising out of Case Crime No.275/2020, under section 323, 342, 376, 498-A, 504, 506 IPC, 3/4 of D.P. Act, police Station Achalganj, District Unnao, pending before learned Civil Judge (Junior Division)/Fast Track Court / CAW Unnao, contained as Annexure No.2 to this petition, on the basis of the compromise dated 04.02.2026 which has been made between the parties (Annexure No. 12)."

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Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which is said to have taken place between the parties is also filed before this Court as ANNEXURE NO. 12 to the application.

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Sri Gautam Mishra, Advocate, appearing on behalf of the opposite party No. 2 does not dispute the fact stated by learned counsel for the applicants.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the parties concerned to appear before the trial court concerned within 2 weeks from today alongwith original compromise and the trial court is

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A482 No. 1273 of 2026

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directed to verify the compromise within next 6 weeks. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.

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Office is directed to return the original compromise deed, if it has been filed, to the learned counsel for the applicants, after taking the photocopy of the same.

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(Brij Raj Singh,J.)

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February 16, 2026

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A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Abhishek @ Abhishek Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Abhishek @ Abhishek Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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