Shakir Ali and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Shakir Ali and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: notice to opposite party no. 2 through C.J.M.; Judicial Magistrate, Sahaswan, District-Budaun to verify the compromise deed and transmit the verification report within four weeks; State at liberty to file affidavit/status report; matter to be put up as fresh on 18.02.2026 before appropriate Bench. Application remains pending; no final order on quashing.

Issue for consideration

Whether the entire proceeding of Case No. 3686 of 2025 under Sections 191(2), 333, 115(2), 352, 351(3), 117(2), 118(1) BNS, arising out of Case Crime No. 312 of 2025, Police Station Sahaswan, District Badaun, including Chargesheet No. 246 of 2025 dated 25.08.2025 and the cognizance dated 07.11.2025, should be quashed under Section 528 BNSS, in view of the claimed compromise between the applicants and opposite party no. 2.

Court's answer

Interim direction: notice to be issued to opposite party no. 2 through the C.J.M. concerned.

Key takeaways

Interim direction: the learned Judicial Magistrate, Sahaswan, District-Budaun to verify the fact of the compromise deed and transmit the verification report to the High Court within four weeks.¶¶13
Interim direction: the State is at liberty to file an affidavit/status report; the matter is to be put up as fresh on 18.02.2026 before the appropriate Bench. No final decision was rendered on the quashing application.¶¶16

Detailed headnote1 paragraphs

Allahabad High Court (Swarupama Chaturvedi, J.), Application U/S 528 BNSS No. 1416 of 2026, Shakir Ali and 5 Others v. State of U.P. and Another (order dated January 19, 2026): Application under Section 528 BNSS to quash the entire proceeding of Case No. 3686 of 2025 under Sections 191(2), 333, 115(2), 352, 351(3), 117(2), 118(1) BNS, arising out of Case Crime No. 312 of 2025, Police Station Sahaswan, District Badaun, pending before the learned Judicial Magistrate, Sahaswan, including Chargesheet No. 246 of 2025 dated 25.08.2025, on which cognizance was taken on 07.11.2025. Counsel for the applicants submitted that a compromise has taken place between the applicants and opposite party no. 2. The Court (interim): issued notice to opposite party no. 2 through the C.J.M. concerned; directed the learned Judicial Magistrate, Sahaswan to verify the fact of the compromise deed and transmit the verification report to the High Court within four weeks; granted the State liberty to file an affidavit/status report; and directed the matter to be put up as fresh on 18.02.2026 before the appropriate Bench. Interim order only; no final determination on the quashing application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 1416 of 2026

Shakir Ali And 5 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar, Mohd. Rashid
Counsel for Opposite Party(s)	: G.A.

Court No. - 64

HON'BLE SWARUPAMA CHATURVEDI, J.

Heard Mr. Mohd. Rashid, learned counsel for the applicants and Mr. Shashank Shekhar Pandey, learned A.G.A. for the State and perused the record.

The present application under Section 528 Bharatiya Nagarik Suraksha Sanhita (BNSS) has been filed to quash the entire proceeding of Case No. 3686 of 2025 under Sections 191(2), 333, 115(2), 352, 351(3), 117(2), 118(1) BNS arising out of Case Crime No. 312 of 2025, Police StationSahaswan, District-Badaun, pending before learned Judicial Magistrate, Sahaswan, District-Budaun including Chargesheet No. 246 of 2025 dated 25.08.2025 on which cognizance was taken on 07.11.2025.

At the very outset, learned counsel appearing for the applicants submits that a compromise has taken place in between the applicants and opposite party no. 2.

Learned A.G.A. for the State submits that he requires to have instructions in the matter.

Issue notice to opposite party no. 2 through C.J.M. concerned.

Meanwhile, let learned Judicial Magistrate, Sahaswan, District-Budaun may verify the fact of compromise deed and thereafter, the court shall transmit the verification report to this Court within a period of four weeks.

NA528 No. 1416 of 2026

2

At the same time, the State is at the liberty to file an affidavit/status report.

Put up as fresh on 18.02.2026 before appropriate Bench.

(Swarupama Chaturvedi,J.)

January 19, 2026

#Vikram/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad