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

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

What the court decided

AI extract

Outcome

Interim protection from coercive action: no coercive action shall be initiated against the applicants in pursuance of Case Crime No. 429 of 2022 till the next date of listing (week commencing 23.02.2026), pending filing and judicial verification of the parties' compromise by the Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar and receipt of the verification report; final adjudication deferred to the next listing.

Issue for consideration

Whether the compromise already entered into between the parties, though not yet preferred before the learned court concerned, should be reduced to a written compromise deed, filed before the Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar, judicially verified in the presence of both parties, and reported to this Court. +1 more

Court's answer

Counsel for the applicants is directed to file the compromise deed before the learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar within 15 days from the date of this order.

Ratio / Principle

If the compromise deed is filed within the stipulated period, the Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar shall verify the compromise in the presence of both parties within four weeks and send its report to this Court through the Registry on or before the next date.

Key takeaways

As an interim measure, till the next date of listing, no coercive action shall be initiated against the applicants in pursuance of Case Crime No. 429 of 2022 (Sections 323, 506 IPC), P.S. Nai Mandi, District Muzaffarnagar.ratio¶15
The case is to be listed in the week commencing 23.02.2026 together with the verification report.ratio¶14
Registrar (Compliance) is directed to serve a copy of this order upon the learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar within three working days so that the matter may be adjudicated on the basis of the verification report.

Detailed headnote1 paragraphs

Application U/S 528 BNSS No. 44983 of 2025 (Mohd. Chand and 2 others v. State of U.P. and another), High Court of Judicature at Allahabad, Saurabh Srivastava, J., January 9, 2026 — Interim order on a compromise-based application under Section 528 BNSS concerning Case Crime No. 429 of 2022 under Sections 323 and 506 IPC, P.S. Nai Mandi, District Muzaffarnagar. Counsel for the applicants reported that both parties had already entered into a compromise which had not been preferred before the learned court concerned, a position undisputed by counsel for opposite party no. 2 (who filed Vakalatnama that day). The court directed counsel to file the compromise deed before the Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar within 15 days; directed that magistrate to verify the compromise in the presence of both parties within four weeks and send its report to the High Court through the Registry; directed Registrar (Compliance) to serve the order on the magistrate within three working days; listed the case for the week commencing 23.02.2026 with the report; and, as interim protection, ordered that till the next date of listing no coercive action shall be initiated against the applicants in pursuance of the said FIR. Final adjudication awaits the verification report.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44983 of 2025

Mohd. Chand And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Rajesh Kumar,	Sandeep Tripathi
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

At the very outset, learned counsel for applicants has submitted that both the parties have already been entered into a compromise but the same has not been preferred before learned court concerned. Sri Kanhaiya Mishra along with Sri Akhilesh Yadav, learned counsel appearing on behalf of opposite party no.2 who filed Vakalatnama today, has not disputed the said facts.

Learned counsel for applicants is hereby directed to prefer the said compromise deed before learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar within 15 days from today.

In case, compromise deed is filed within the said period, learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar shall verify the said compromise in presence of both the parties within a period of four weeks and send its report to this Court through the Registry on or before the next date.

List this case in the week commencing 23.02.2026 with said report.

Till the next date of listing, no coercive action shall be initiated against applicants in pursuance of Case Crime No.429 of 2022, under Section 323, 506 IPC, P.S. Nai Mandi, District Muzaffarnagar.

Registrar (Compliance) is hereby directed to serve a copy of this order upon learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar within three working days so that the matter may be adjudicated on the basis of verification report.

January 9, 2026 Vivek Kr.

(Saurabh Srivastava,J.)

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