Noorul Islam and Another vs State of U.P. Thru. Prin. Secy. Home Lko and Another — Allahabad HC (2026) — LawSathi Research

Noorul Islam and Another vs State of U.P. Thru. Prin. Secy. Home Lko and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: no coercive process against the appellants till the next date of listing (26/02/2026); matter referred to the Special Judge, SC/ST Act, Lucknow for verification of the compromise dated 12/01/2026, with parties directed to appear before the trial court on 13/02/2026; final orders reserved pending filing of the verification report through supplementary affidavit.

Issue for consideration

Whether the charge under Section 3(1)(da)(dha) SC/ST (PA) Act is made out against the appellants on the basis of the allegations and evidence collected during investigation. +1 more

Ratio / Principle

The matter is referred to the learned Special Judge, SC/ST Act, Lucknow to verify the compromise; the original compromise filed as Annexure No.4 is to be returned to counsel for the appellants for submission before the trial court for verification.

Key takeaways

Parties are directed to appear before the trial court on 13/02/2026.ratio¶¶20
The trial court shall record its satisfaction regarding the genuineness of the compromise and the concurrence of the parties thereon, and thereafter proceed to verify the same.ratio¶¶21
If the compromise is verified, a copy of the compromise and the verification order is to be filed before this Court through supplementary affidavit for necessary orders.ratio

Detailed headnote1 paragraphs

Criminal Appeal (CRLA) No. 172 of 2026, under Section 14A(1) SC/ST Act, preferred by Noorul Islam and another against the summoning order dated 13/12/2024 passed by the Court of Special Judge, SC/ST Act, Lucknow, in Criminal Case No. 2852 of 2024 arising out of Case Crime No. 33 of 2024 under Sections 323/504 IPC and 3(1)(da)(dha) of the SC/ST Act, Police Station Dubagga, District Lucknow. Counsel for the appellants submitted that the IPC sections are bailable and compoundable and the offence became non-compoundable only because of the SC/ST (PA) Act charge, which is otherwise not made out; the parties had entered into a compromise reduced to writing on 12/01/2026 and the complainant was no longer inclined to prosecute. Counsel for respondent no.2 concurred. The Court (Ram Manohar Narayan Mishra, J.) referred the matter to the learned Special Judge, SC/ST Act, Lucknow to verify the compromise, directing that the original compromise (Annexure No.4) be returned to counsel for submission before the trial court; parties to appear before the trial court on 13/02/2026; the trial court to record satisfaction as to the genuineness of the compromise and the parties' concurrence and then verify it; upon verification, the compromise and verification order to be filed before the High Court through supplementary affidavit for necessary orders. Till the next date of listing (26/02/2026), no coercive process was to be adopted against the appellants.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 172 of 2026

Noorul Islam And Another

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko And Another

.....Respondent(s)

Counsel for Appellant(s)	: Chandresh Yadav
Counsel for Respondent(s)	: G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellants, learned AGA for the State respondents, Sri Ravi Kant Srivastava, Advocate, who has filed Vakalatnama on behalf of the respondent no.2 and perused the record.

Instant criminal appeal, under Section 14A(1) SC/ST Act, has been preferred against the order dated 13/12/2024 passed by the Court of Special Judge, SC/ST Act, Lucknow, in criminal case number 2852 of 2024, arising out of case crime number 33 of 2024 under Section 323/504 IPC and 3(1) (da)(dha) of SC/ST Act, Police Station - Dubagga, District Lucknow, whereby the appellants have been summoned.

Learned counsel for the appellants submitted that except the charge under Section 3(1)(da)(dha) SC/ST (PA) Act, both penal sections of IPC are bailable and compoundable as such the offence has become noncompoundable only due to the reason that charges under penal sections of SC/ST (PA) Act are also involved. He next submitted that on the basis of the allegations and evidence collected during the investigation, the said charge under Section 3(1)(da)(dha) (PA) Act is not made out.

The parties have entered into the compromise and the same has been

CRLA No. 172 of 2026

2

reduced to writing on 12/01/2026. The parties have resolved to buried their hatched and resolved their differences and dispute in terms of the compromise. Even the complainant wishes no longer inclined to prosecute the case any further after entered into the compromise. He further submitted that in terms of catana of decision of the Hon'ble Supreme Court and and also this Court, non-heinous offenses and offenses which are not related to public order which have ramification the offences which are essentially of private character, may be quashed in terms of compromise, even if they are non-compoundable.

Learned counsel appearing for the respondent no.2 has expressed his concurrence towards the submissions made by counsel for the appellants.

Accordingly, the matter is referred to the learned Special Judge, SC/ST Act, Lucknow to verify the same. However, the original compromise filed as Annexure No.4 to the affidavit in the present appeal will be returned to counsel for the appellants, which in turn will be submitted before the trial court for verification.

Accordingly, parties are directed to appear before the trial court on 13/02/2026.

Learned trial court shall record its satisfaction regarding the genuineness of the compromise and concurrence of the parties thereon and thereafter it may proceed to verify the same.

In case the compromise is verified, a copy of the compromise and the verification order will be filed before this Court through supplementary affidavit for necessary orders.

List 26/02/2026.

CRLA No. 172 of 2026

3

Till the next date of listing, no coercive process shall be adopted against the appellants.

(Ram Manohar Narayan Mishra,J.)

January 27, 2026

KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench