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

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

What the court decided

AI extract

Outcome

Interim relief on an application under S.528 BNSS, not finally decided: further proceedings of Case No. 424 of 2012 (Case Crime No. 157 of 1999, Sections 363/366 I.P.C., P.S. Bhagatpur, District Moradabad) stayed against the applicant till the next date of listing; parties directed to appear before the court concerned for verification of the compromise dated 09.09.2025 within six weeks; court concerned to verify the compromise; applicant to file supplementary affidavit with certified compromise and verification proceedings; case listed fresh on 09.04.2026.

Issue for consideration

Whether the further proceedings in Case No. 424 of 2012 (arising out of Case Crime No. 157 of 1999, under Sections 363, 366 I.P.C., P.S. Bhagatpur, District Moradabad) against the applicant should be stayed in view of the compromise dated 09.09.2025 between the parties, the acquittal of the co-accused, and the absence of pre-summoning evidence against the applicant.

Court's answer

Till the next date of listing, further proceedings of Case No. 424 of 2012, arising out of Case Crime No. 157 of 1999, under Sections 363, 366 I.P.C., P.S. Bhagatpur, District Moradabad, pending in the court of A.C.J.M.-I, Moradabad, shall remain stayed against the applicant.

Ratio / Principle

Both the parties are directed to appear before the court concerned for verification of the compromise within six weeks from the date of the order.

Key takeaways

The court concerned is directed to verify the compromise.ratio¶13
The applicant is directed to file a supplementary affidavit annexing the certified copy of the compromise as well as the proceedings of verification of the compromise.ratio¶14
The case is to be put up as a fresh on 09.04.2026.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 74 (Sanjay Kumar Pachori, J.), order dated February 18, 2026 in Application U/S 528 BNSS No. 4471 of 2026, Suresh v. State of U.P. and Another — Learned counsel for both parties submitted that the parties settled their dispute arising out of the offence punishable under Sections 363, 366 of I.P.C. on the basis of a compromise dated 09.09.2025 (certified copy annexed as Annexure No. 6); that co-accused Gyani and Harkesh have been acquitted by the Sessions Judge in Sessions Trial No. 415 of 2012 vide judgment dated 24.01.2013; and that there is no pre-summoning evidence against the applicant. The Court directed both parties to appear before the court concerned for verification of the compromise within six weeks, directed the court concerned to verify the compromise, and directed the applicant to file a supplementary affidavit annexing the certified copy of the compromise and the verification proceedings. Till the next date of listing, further proceedings of Case No. 424 of 2012, arising out of Case Crime No. 157 of 1999, under Sections 363, 366 I.P.C., P.S. Bhagatpur, District Moradabad, pending in the court of A.C.J.M.-I, Moradabad, were stayed against the applicant; the case was directed to be listed fresh on 09.04.2026. The compromise, acquittal and pre-summoning-evidence points were recorded as submissions of counsel, not as findings of the Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 4471 of 2026

Suresh

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Syed Faiz Hasnain
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Mohd. Hasan, Advocate, has filed his Vakalatnama along with short counter affidavit on behalf of opposite party no. 2, today in the Court, which is taken on record.

Office is directed to show the name of Mohd. Hasan as counsel for the opposite party no. 2, by the next date of listing.

Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 363, 366 of I.P.C. on the basis of compromise dated 09.09.2025. It is further submitted that co-accused Gyani and Harkesh have been acquitted by Sessions Judge in Sessions Trial No. 415 of 2012 vide judgment dated 24.01.2013. There is no pre-summoning evidence with regard to the offence as alleged against the applicant. Certified copy of compromise is annexed as Annexure No. 6 to the affidavit.

Both the parties are directed to appear before the court concerned for verification of compromise within six weeks from today.

Court concerned is directed to verify the same.

Applicant is directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise.

Put up this case on 09.04.2026, as a fresh.

NA528 No. 4471 of 2026

2

Till the next date of listing, further proceedings of Case No. 424 of 2012, arising out of Case Crime No.157 of 1999, under Sections 363, 366 I.P.C., P.S. Bhagatpur, District Moradabad, pending in the court of A.C.J.M.-I, Moradabad, shall remain stayed against the applicant.

(Sanjay Kumar Pachori,J.)

February 18, 2026

Vibha Singh

Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad