Smt. Kanchan and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Smt. Kanchan and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order passed: subsisting interim order to continue till the next date of listing; both parties directed to appear before the Trial Court on 19.1.2026 for verification of the compromise, with the Trial Court to verify the compromise application and submit a report to this Court; applicant's counsel to file the verification order/report by affidavit; case listed on 27.1.2026. Final decision on quashing deferred pending verification of the compromise.

Issue for consideration

Whether the charge sheet No.514/2024 dated 13.07.2024, the cognizance order dated 19.10.2024 and the entire proceedings of Case No. 12009 of 2024 (State Vs. Smt. Kanchan and another) under Section 324 I.P.C., arising out of Case Crime No. 522 of 2024, pending before the Chief Judicial Magistrate, Moradabad, can be quashed on the basis of the compromise between the parties.

Court's answer

Both parties directed to appear before the concerned Trial Court on 19.1.2026 for verification of the compromise; on their appearance, the Trial Court shall verify the compromise application and submit its report before this Court on the next date of listing.

Ratio / Principle

Learned counsel for the applicant directed to file the verification order/report of the compromise application by an affidavit.

Key takeaways

The subsisting interim order shall continue till the next date of listing.ratio¶20
Case listed for further consideration on 27.1.2026.ratio¶19

Detailed headnote1 paragraphs

Quashing application u/s 528 BNSS (counsel stating it was filed under s.482 Cr.P.C.), Smt. Kanchan and 2 Others v. State of U.P. and Another (Allahabad HC, Praveen Kumar Giri, J., 07.01.2026): Applicants sought quashing of charge sheet No.514/2024 dated 13.07.2024, cognizance order dated 19.10.2024 and the entire proceeding of Case No. 12009 of 2024 (State v. Smt. Kanchan and another) under s.324 I.P.C., arising out of Case Crime No. 522 of 2024, P.S. Civil Lines, District Moradabad, pending before the Chief Judicial Magistrate, Moradabad, on the basis of compromise. Counsel for both sides stated that opposite party no.2 did not wish to proceed and that a compromise application had been filed before the Trial Court. The Court directed both parties to appear before the Trial Court on 19.1.2026 for verification of the compromise; the Trial Court to verify the compromise application and submit a report before this Court on the next date of listing; the applicants' counsel to file the verification order/report by affidavit; matter listed for 27.1.2026; subsisting interim order to continue till the next date of listing. Final decision on the prayer to quash deferred pending verification of the compromise.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39609 of 2025

Smt. Kanchan And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Krishna Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard Sri Krishna Kumar Singh, learned counsel for the applicants, Sri N.K. Singh, learned counsel for opposite party No.2, and learned A.G.A. for the State. Vakalatnama filed on behalf of Sri N.K. Singh 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 482 Cr.P.C. 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 impugned charge sheet No.514/2024 dated 13.07.2024 as well as cognizance order dated 19.10.2024 including entire proceeding of Case No. 12009 of 2024 (State Vs. Smt. Kanchan and another) under Section 324 I.P.C., arising out of Case Crime No. 522 of 2024, P.S. Civil Lines, District Moradabad, pending in the Court of learned Chief Judicial Magistrate, Moradabad, on the basis of compromise."

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 have filed compromise application before the Trial Court.

In light of the above submission, both the parties are directed to appear

NA528 No. 39609 of 2025

2

before the concerned Trial Court on 19.1.2026 for verification of compromise. On their appearance, the concerned Trial Court shall verify the compromise application and submit report before this Court on the next date of listing.

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

List this case on 27.1.2026.

Subsisting interim order shall continue till the next date of listing.

(Praveen Kumar Giri,J.)

January 7, 2026 DKS

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