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

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

What the court decided

AI extract

Outcome

Interim procedural directions only: parties to file compromise application before the Trial Court by 16.2.2026 and appear personally on 19.2.2026 for verification; Trial Court to verify the compromise and report by 27.2.2026; applicant's counsel to file certified copy of the verification order/report by supplementary affidavit; case listed on 27.2.2026 as fresh. The prayer for quashing was not decided at this stage.

Issue for consideration

Whether the entire proceeding of S.T. No.200 of 2023 (State Vs. Subhash & others), the charge sheet dated 27.07.2021, and the cognizance/summoning order dated 22.09.2021 passed by the Chief Judicial Magistrate, Kannauj, should be quashed on the basis of the compromise dated 14.01.2026 between the parties.

Court's answer

Both parties directed to file a compromise application before the Trial Court on or before 16.2.2026 and to appear personally before the concerned Trial Court on 19.2.2026 for verification of the compromise.

Ratio / Principle

On the parties' appearance, the Trial Court shall verify the compromise application and submit a report before this Court on or before 27.2.2026.

Key takeaways

Learned counsel for the applicant directed to file certified copy of the verification order/report of the compromise application by means of supplementary affidavit.ratio¶19
Case to be listed on 27.2.2026 as fresh.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.) — Application under Section 528 BNSS seeking quashing of the entire proceeding of S.T. No.200 of 2023 (State Vs. Subhash & others), the charge sheet dated 27.07.2021, and the cognizance/summoning order dated 22.09.2021 passed by the Chief Judicial Magistrate, Kannauj, arising out of Crime No.0421 of 2021 under Sections 323, 504, 506, 308 IPC, Police Station Kotwali Kannauj, District Kannauj. On the joint submission of counsel for both parties that opposite party no.2 does not wish to proceed with the criminal case and that the parties have entered into a compromise dated 14.01.2026, the Court issued interim directions: both parties to file a compromise application before the Trial Court on or before 16.2.2026 and appear personally on 19.2.2026 for verification; the Trial Court to verify the compromise and submit a report on or before 27.2.2026; counsel for the applicants to file the certified copy of the verification order/report by supplementary affidavit; case listed on 27.2.2026 as fresh. The quashing prayer itself was not decided at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3489 of 2026

Subhash And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) : Shailendra Kumar Tripathi Counsel for Opposite Party(s) : G.A., Durgesh Kumar Pandey

Court No. - 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicants, Sri Durgesh Kumar Pandey, learned counsel for opposite party No.2, and learned A.G.A. for the State. Vakalatnama filed on behalf of Sri Durgesh Kumar Pandey, learned counsel for opposite party No.2 is taken on record. His name shall be shown from the side of opposite party no.2.

Learned counsel for the applicants submits that the present application has been filed under Section 528 of BNSS with the relief which has been mentioned in the prayer clause of the application. The prayer clause is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire proceeding of S.T. No.200 of 2023 (State Vs. Subhash & others) and charge sheet dated 27.07.2021 arising out of Crime No.0421 of 2021 under section 323, 504, 506, 308 I.P.C., Police Station Kotwali Kannauj, District Kannauj pending before Additional District Judge/F.T.C.-1, Kannauj and for setting aside the cognizance/summoning order dated 22.09.2021 passed by learned Chief Judicial Magistrate, Kannauj on the basis compromise dated 14.01.2026, otherwise the applicants shall of suffer an irreparable loss and injury.

It is further prayed that further proceedings of the above noted case be stayed during the pendency of present case before this Hon'ble Court to meet the ends of justice, otherwise the applicants shall suffer an irreparable loss and injury."

NA528 No. 3489 of 2026

2

Learned counsel appearing on behalf of both the parties submits that the opposite party no.2 does not want to proceed with the criminal case against the applicants and both the parties have entered into the compromise. It is submitted that they may be permitted to file compromise application before the Trial Court for verification of the same.

In light of the above submission, both the parties are directed file compromise application before the Trial Court on or before 16.2.2026 and to appear personally before the concerned Trial Court on 19.2.2026 for verification of compromise. On their appearance, the concerned Trial Court shall verify the compromise application and submit report before this Court on or before 27.2.2026.

Learned counsel for the applicant is also directed to file certified copy of verification order/report of the compromise application by means of supplementary affidavit.

List this case on 27.2.2026 as fresh.

(Praveen Kumar Giri,J.)

February 5, 2026 DKS

Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad