Vijay Bahadur Saxena and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Vijay Bahadur Saxena and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: till the next date of listing, no coercive action against the applicants in Case Crime no. 493 of 2025; directions issued to file and verify the compromise deed dated 3.9.2025 before the Chief Judicial Magistrate, Moradabad; matter listed in the week commencing 11.5.2026. Final adjudication deferred pending the verification report.

Issue for consideration

Whether, in view of the compromise dated 3.9.2025 between the parties, coercive action against the applicants in Case Crime no. 493 of 2025 should be kept in abeyance pending filing and verification of the compromise deed.

Court's answer

As an interim measure, till the next date of listing no coercive action shall be initiated against the applicants in pursuance of CNR no. 57878 of 2025 arising out of Case Crime no. 493 of 2025, the position not having been disputed by counsel for opposite party no. 2.

Ratio / Principle

Learned counsel for both parties were requested to advise their clients (applicants and opposite party no. 2) to file the compromise deed dated 3.9.2025 before the Chief Judicial Magistrate, Moradabad within 15 days.

Key takeaways

If the compromise deed is filed within the stipulated period, the Chief Judicial Magistrate, Moradabad shall verify it in the presence of both parties within four weeks thereafter and send its report to the High Court through the Registry on or before the next date.ratio¶12
The case is to be listed in the week commencing 11.5.2026 along with the verification report.ratio¶13
The Registrar (Compliance) is to serve a copy of the order on the Chief Judicial Magistrate, Moradabad within three working days; on receipt, the verification report is to be placed on record so that the matter may be adjudicated on the basis of the verification report.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) — Application under S. 528 BNSS No. 10868 of 2026, Vijay Bahadur Saxena and another v. State of U.P. and another (interim order dated March 25, 2026). Counsel for the applicants stated that the parties had already entered into a compromise on 3.9.2025 which had not been filed before the court concerned. The Court requested counsel to advise their clients to file the compromise deed dated 3.9.2025 before the Chief Judicial Magistrate, Moradabad within 15 days; upon such filing, the CJM was to verify the compromise in the presence of both parties within four weeks thereafter and send its report to the High Court through the Registry. The Registrar (Compliance) was directed to serve a copy of the order on the CJM, Moradabad within three working days, the verification report to be placed on record so that the matter could be adjudicated on its basis, and the case was listed in the week commencing 11.5.2026. Interim direction: till the next date of listing, no coercive action shall be initiated against the applicants in pursuance of CNR no. 57878 of 2025 arising out of Case Crime no. 493 of 2025 (State of U.P. vs. Vijay Bahadur and another) under Sections 308(2), 351(2), 352 and 115(2) BNS at PS Civil Lines, District Moradabad, a position not disputed by counsel for opposite party no. 2.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 10868 of 2026

Vijay Bahadur Saxena And Another

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Rohit Shukla
Counsel for Opposite Party(s) :	Himanshu Kashyap, G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Sri Himanshu Kashyap, learned counsel for opposite party no. 2 preferred vakalatnama which is taken on record.

Heard learned counsel for applicants, Sri Himanshu Kashyap, learned counsel for opposite party no. 2 and learned AGA for State.

At the very outset, learned counsel for applicants submitted that both the parties have already been entered into a compromise on dated 3.9.2025 but the same has not been preferred before learned court concerned.

Learned counsel for both the parties are hereby requested to advice their clients i.e. applicants and opposite party nos. 2 to file compromise deed dated 3.9.2025 before learned court of Chief Judicial Magistrate, Moradabad within 15 days from today.

In case, the said compromise deed is filed within the stipulated period, learned court of Chief Judicial Magistrate, Moradabad shall verify the same in presence of both the parties within a period of four weeks thereafter and send its report to this Court through the Registry on or before the next date.

List this case in week commencing 11.5.2026 along with said report.

Registrar (Compliance) is hereby directed to serve a copy of this order upon learned court of Chief Judicial Magistrate, Moradabad within next

NA528 No. 10868 of 2026

2

(Saurabh Srivastava,J.)

three working days and after receiving verification report, same may be placed in record of this matter, so that the matter may be adjudicated on the basis of verification report.

Till the next date of listing, no coercive action shall be initiated against the applicants herein in pursuance to CNR no. 57878 of 2025 arising out of Case Crime no. 493 of 2025 (State of U.P. vs. Vijay Bahadur and another) under sections 308(2), 351(2), 352 and 115(2) BNS at PS- Civil Lines, District Moradabad which has not been disputed by Sri Himanshu Kashyap, learned counsel for opposite party no. 2.

March 25, 2026 Shaswat

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