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

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

What the court decided

AI extract

Outcome

Interim stay of further proceedings of Criminal Case No. 17580 of 2022 (State Vs. Sachin Shukla) against the applicant till the next date of listing, fixed for 11th February, 2026; notice to opposite party no. 2 to file counter affidavit, if any, within two weeks; final decision on the quashing application reserved.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 17580 of 2022 (State Vs. Sachin Shukla) arising out of Case Crime No. 1180 of 2021 under Sections 323, 504 and 506 IPC, Police Station Chakeri, District Kanpur Nagar, pending before the Chief Metropolitan Magistrate, Kanpur Nagar, together with charge-sheet No. 763 of 2021 dated 20.12.2021 and the cognizance/summoning order dated 08.04.2022, should be quashed in view of the compromise reached between the parties.

Court's answer

Till the next date of listing, further proceedings of Criminal Case No. 17580 of 2022 (State Vs. Sachin Shukla) arising out of Case Crime No. 1180 of 2021, under Sections 323, 504 and 506 IPC, Police Station Chakeri, District Kanpur Nagar, pending before the Chief Metropolitan Magistrate, Kanpur Nagar, shall remain stayed against the applicant.

Ratio / Principle

Notice on behalf of opposite party no. 1 accepted by the learned A.G.A.; notice issued to opposite party no. 2, who shall file counter affidavit, if any, within two weeks.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjiv Kumar, J.), interim order dated January 14, 2026 in Application U/S 528 BNSS No. 29871 of 2025, Sachin Shukla v. State of U.P. and Another. The applicant moved under Section 528 BNSS to quash the entire proceedings of Criminal Case No. 17580 of 2022 (State Vs. Sachin Shukla), arising out of Case Crime No. 1180 of 2021 under Sections 323, 504 and 506 IPC, Police Station Chakeri, District Kanpur Nagar, pending before the Chief Metropolitan Magistrate, Kanpur Nagar, together with charge-sheet No. 763 of 2021 dated 20.12.2021 and the cognizance/summoning order dated 08.04.2022. Stated ground: the parties, husband and wife, settled their matrimonial disputes through the Allahabad High Court Mediation and Conciliation Centre and agreed to withdraw all civil and criminal cases against each other, proceedings of other cases having been closed on the basis of the compromise; in the connected Application U/S 482 No. 14190 of 2022 the proceedings had already been quashed by order dated 03.04.2025. By this order the learned A.G.A.'s notice on behalf of the State was accepted, notice was issued to opposite party no. 2 to file a counter affidavit within two weeks, and further proceedings of the criminal case were stayed against the applicant till the next date of listing fixed for 11th February, 2026; final decision on quashing reserved.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 29871 of 2025

Sachin Shukla

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Indra Jit Advocate : G.A.	Singh, Jyoti	Gupta, Sr.

Court No. - 19

HON'BLE SANJIV KUMAR, J.

Learned counsel for the applicant and learned A.G.A on behalf of the State are present.

This application under Section 528 B.N.S.S. has been filed by the applicant to quash entire proceedings of Criminal Case No.17580 of 2022 (State Vs. Sachin Shukla) arising out of Case Crime No.1180 of 2021, under Sections- 323, 504 and 506 I.P.C., Police Station- Chakeri, District- Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar as well as charge-sheet No. 763 of 2021 dated 20.12.2021 and cognizance/summoning order dated 08.04.2022.

It is submitted on behalf of the applicant that parties in this case are husband and wife. There were some matrimonial dispute between the parties and now, parties have entered into compromise. The copy of the report of the Allahabad High Court Mediation and Conciliation Centre has been filed in which it is mentioned that the above parties have agreed that they will withdraw all the civil and criminal cases against each other. It is further submitted that on the basis of the said compromise proceedings of other cases have been closed.

Vide order dated 09.09.2025 the record of application U/S 482 No. 14190 of 2022 was summoned which is before this Court. The learned counsel for the applicant has filed a copy of order dated 03.04.2025 passed on the said petition, discloses that the proceedings were quashed, in the above said matter.

NA528 No. 29871 of 2025

2

Matter requires consideration.

Notice on behalf of opposite party no. 1 is accepted by learned A.G.A.

Issue notice to opposite party no. 2.

Opposite party no. 2, shall file counter affidavit, if any, within two weeks.

Till the next date of listing, further proceedings of Criminal Case No.17580 of 2022 (State Vs. Sachin Shukla) arising out of Case Crime No.1180 of 2021, under Sections- 323, 504 and 506 I.P.C., Police StationChakeri, District- Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar, shall remain stayed against the applicant.

List on 11th February, 2026.

January 14, 2026 AdityaG

(Sanjiv Kumar,J.)

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