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

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

What the court decided

AI extract

Outcome

No final relief; interim directions only - notice to opposite party no. 2 through the Chief Judicial Magistrate, concerned; parties to appear before the court below with a certified copy of the order and the original compromise deed for verification within two weeks; trial court to verify the compromise and transmit the verification report to the High Court within two weeks; matter listed fresh on 18.02.2026. The quashing question is not decided at this stage.

Issue for consideration

Whether the entire proceedings in case no. 5040 of 2019 (State v/s Arshad Ali and others) and charge sheet no. 172 of 2019, arising out of case crime no. 203 of 2019, should be quashed/stayed against the applicants in terms of the compromise between the parties.

Court's answer

Interim direction: notice to be issued to opposite party no. 2 through the Chief Judicial Magistrate, concerned.

Ratio / Principle

Interim direction: parties to appear before the court below with a certified copy of the order and the original compromise deed, for verification within two weeks.

Key takeaways

Interim direction: the trial court to verify the compromise and transmit the verification report to the High Court within two weeks.ratio¶10
Matter to be listed on 18.02.2026 as fresh before the appropriate Bench.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Swarupama Chaturvedi, J.), January 19, 2026 - Application U/S 528 BNSS No. 1359 of 2026 (Court No. 64): Kaseem and another sought to quash/stay the entire proceedings and charge sheet no. 172 of 2019 dated 24.05.2019 in case no. 5040 of 2019 (State v/s Arshad Ali and others), arising out of case crime no. 203 of 2019 under Sections 379, 411, 506, 120B I.P.C., Police Station Dhampur, District Bijnor, pending before A.C.J.(S.D.) III, Bijnor, on the basis of a compromise deed dated 03.12.2025 entered into between the applicants and opposite party no. 2 (annexed as Annexure-7). HELD (interim): notice to opposite party no. 2 through the Chief Judicial Magistrate, concerned; parties to appear before the court below with a certified copy of the order and the original compromise deed for verification within two weeks; trial court to verify the compromise and transmit the verification report to the High Court within two weeks; matter listed fresh on 18.02.2026 before the appropriate Bench. Quashing question not decided at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 1359 of 2026

Kaseem And Another .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ashok Kumar Mishra, Avesh Mishra Counsel for Opposite Party(s) : G.A. Court No. - 64

HON'BLE SWARUPAMA CHATURVEDI, J.

Heard Mr. Ashok Kumar Mishra, learned counsel for the applicants; Mr. Roopak Chaubey, learned A.G.A. for the State and perused the record.

The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed to quash/ stay the entire proceedings as well as charge sheet no. 172 of 2019 and dated 24.05.2019, in case no. 5040 of 2019 (State v/s Arshad Ali and others) arising out of case crime no. 203 of 2019, under Sections 379, 411, 506, 120B I.P.C. Police Station Dhampur, District Bijnor, pending in the court of A.C.J.(S.D.) III, Bijnor, in terms of compromise taken place between the parties, against applicants.

Learned counsel for the applicants submits that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed dated 03.12.2025 entered into between the parties has been annexed as Annexure- 7 to the affidavit.

Issue notice to opposite party no. 2 through Chief Judicial Magistrate, concerned.

NA528 No. 1359 of 2026

2

It is provided that the parties shall appear before the court below along with a certified copy of this order and original copy of the compromise deed for its verification in the present of parties within a period of two weeks. The trial court is directed to verify the compromise and thereafter, the court shall transmit the verification report to this Court within a period of two weeks.

List on 18.02.2026 as fresh before appropriate Bench.

(Swarupama Chaturvedi,J.)

January 19, 2026

Shiv

Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad