Ankur and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Ankur and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: parties to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; Trial Court to verify the compromise, record the parties' statements on fulfilment of its terms, and pass an appropriate order preferably within three months; no coercive action against the applicants till verification; liberty to approach the High Court again for quashing thereafter.

Issue for consideration

Whether the entire criminal proceeding in Criminal Case No. 4843 of 2021 (arising out of Case Crime No. 0181 of 2020), the cognizance/summoning order dated 24.03.2021 and the N.B.W dated 15.04.2026 should be quashed in view of the compromise dated 20.04.2026 between the parties.

Court's answer

Without expressing any opinion on the merits, the applicants and opposite party No. 2 were directed to appear before the Trial Court along with the compromise deed and certified copy of the order within three weeks.

Ratio / Principle

The Trial Court is expected to fix a date for verification of the compromise, ensure the presence of the parties, record their statements on whether all terms of the original compromise deed have been fulfilled, and pass an appropriate order in accordance with law, preferably within three months of production of the certified copy of the order.

Key takeaways

After verification, the parties may obtain certified copies of the report and compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶17
Till verification of the compromise by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire criminal proceeding in Criminal Case No. 4843 of 2021 (State v. Ankur and others), arising out of Case Crime No. 0181 of 2020 under Sections 498-A, 323, 506 IPC and 3/4 D.P Act, P.S-Kataghar, District-Moradabad, along with the cognizance/summoning order dated 24.03.2021 and N.B.W dated 15.04.2026, pending before the Chief Judicial Magistrate, Moradabad, on the basis of a compromise dated 20.04.2026 between the parties. Without expressing any opinion on the merits, the Court directed the applicants and opposite party No. 2 to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; the Trial Court was expected to fix a date, verify the compromise after ensuring the parties' presence, record their statements on fulfilment of the terms of the compromise deed, and pass an appropriate order in accordance with law, preferably within three months. Till such verification, no coercive action was to be taken against the applicants, with liberty reserved to approach the High Court again for quashing after obtaining certified copies of the report and compromise.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18370 of 2026

Ankur And 3 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Siddhartha Kumar Mishra
Counsel for Opposite Party(s) :	G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Vakalatnama filed on behalf of the opposite party No. 2 is taken on record.

Heard Mr. Siddhartha Kumar Mishra, learned counsel for the applicants, Mr. Safal Pandey holding brief of Mr. Manish Singh, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record.

The present application under Section 528 BNSS has been filed with a prayer to allow the application and quash entire criminal proceeding of Criminal Case No. 4843 of 2021 (State v. Ankur and other) arising out of Case Crime No. 0181 of 2020, under Sections 498-A, 323, 506, IPC and 3/4 D.P Act P.S-Kataghar, District-Moradabad, cognizance order as well as summoning order dated 24.03.2021, N.B.W Dated 15.04.2026, pending before in the court of Chief Judicial Magistrate, Moradabad.

Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 20.04.2026, which has been placed as "Annexure No.-4" to the application. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.

Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application

NA528 No. 18370 of 2026

2

with respect to compromise between the parties, which will be decided in accordance with law.

In view of above, without expressing any opinion on the merits of the case, the applicants and opposite party No. 2 are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

The Court 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.

Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

With the aforesaid directions, this application is disposed of .

(Nand Prabha Shukla,J.)

May 5, 2026 Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad