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

Shahnewaz 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.4385 of 2025 (State v. Shahnewaz) against the applicant till the next date of listing (30.4.2026), with directions for both parties to appear before the Trial Court within six weeks for verification of the compromise dated 11.08.2025 and for the applicants to file the verified compromise and verification report by supplementary affidavit; final decision on the application deferred to the fresh listing on 30.4.2026.

Issue for consideration

Whether, in view of the parties' settlement by compromise dated 11.08.2025 of the offences under Sections 115(2), 352 and 351(2) of BNS, the further proceedings of Criminal Case No.4385 of 2025 (arising out of Case Crime No.152 of 2025, P.S. Hayatnagar, District Sambhal) should be stayed pending verification of the compromise.

Court's answer

Till the next date of listing, further proceedings of Criminal Case No.4385 of 2025 (State v. Shahnewaz), arising out of Case Crime No.152 of 2025, under Sections 115(2), 352, 351(2) of BNS, Police Station Hayatnagar, District Sambhal, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.1, Out-lying Court Sambhal, shall remain stayed against the applicant.

Ratio / Principle

Both parties are directed to appear before the Trial Court within six weeks, and the Trial Court is directed to verify the compromise dated 11.08.2025.

Key takeaways

The applicants are directed to file the certified copy of the verified compromise together with the verification report by way of supplementary affidavit; the Office is directed to send the original compromise to the court concerned for verification after retaining a xerox copy.ratio¶15
The case is to be put up afresh on 30.4.2026, i.e., the next date of listing up to which the interim stay of further proceedings operates.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 50523 of 2025 — Shahnewaz v. State of U.P. and Another (order dated January 14, 2026). Counsel for both parties jointly submitted that the parties had settled their dispute regarding offences under Sections 115(2), 352 and 351(2) of BNS on the basis of a compromise dated 11.08.2025 (on record as Annexure No.4); the Opposite Party No.2, the applicant's sister-in-law (Bhabhi), was represented through the vakalatnama of Sri Chintamani, Advocate, which was taken on record. The Court directed both parties to appear before the Trial Court within six weeks, ordered the Trial Court to verify the compromise, required the applicants to file the certified copy of the verified compromise and the verification report by supplementary affidavit, and stayed further proceedings of Criminal Case No.4385 of 2025 (State v. Shahnewaz), arising out of Case Crime No.152 of 2025, Police Station Hayatnagar, District Sambhal, pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.1, Out-lying Court Sambhal, against the applicant till the next date of listing. The case was put up afresh for 30.4.2026; no final disposal was effected at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 50523 of 2025

Shahnewaz

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd Adil
Counsel for Opposite Party(s)	: G.A.

Court No. - 74

HON'BLE SANJAY KUMAR PACHORI, J.

Sri Chintamani, Advocate, filed vaklatnama on behalf of the Opposite Party No.2 is taken on record.

Office is directed to show his name as counsel for the Opposite Party No.2 in the next cause list

Learned counsel for both the parties jointly submitted that parties have settled their dispute with regard to the offences punishable under Sections 115(2), 352, 351(2) of BNS on the basis of compromise dated 11.08.2025. Original copy of the compromise is on record as Annexure No.4 to the affidavit.

Opposite Party No.2 is sister-in-law (Bhabhi) of the applicant.

Office is directed to send the original compromise to the court concerned for verification after retaining xerox copy of the same.

Both the parties are directed to appear before the Trial Court within six weeks from today.

Trial Court is directed to verify the aforesaid compromise.

Applicants are is directed to file certified copy of the verified compromise as well as verification report by way of supplementary affidavit.

Put up this case on 30.4.2026, as fresh.

NA528 No. 50523 of 2025

2

Till the next date of listing, further proceedings of Criminal Case No.4385 of 2025 (State v. Shahnewaz), arising out of Case Crime No.152 of 2025, under Sections 115 (2), 352, 351(2) of BNS, Police Station Hayatnagar, District Sambhal, pending in the Court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No.1, Out-lying Court Sambhal, shall remain stayed, against the applicant.

(Sanjay Kumar Pachori,J.)

January 14, 2026 SFH

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad