Disposed¶15

Asif and Another v. State of U.P. and Another

Allahabad HC9 Mar 2026NA528/5419/2026

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; SC/ST Act criminal proceedings; payment to informant/victim from State exchequer; return of amount to State exchequer; inquiry by District Social Welfare Officer, Moradabad; cognizance and summoning order dated 01.12.2025; Criminal Case No. 2122 of 2025; Case Crime No. 288 of 2025; S. 351(3) BNS; P.S. Bhojpur, Moradabad; interim directions; matter listed fresh on 23.02.2026; Allahabad High Court; single judge (Praveen Kumar Giri, J.).

What did the court decide?

No final relief; interim directions only — any amount taken from the State exchequer to be returned by opposite party No.2 and others; learned A.G.A. to seek instructions from the District Social Welfare Officer, Moradabad; case to be put up fresh on 23.02.2026. ¶15

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceedings in Criminal Case No. 2122 of 2025 (State v. Naved and another), arising out of Case Crime No. 288 of 2025, together with the cognizance and summoning orders dated 01.12.2025, should be quashed under Section 528 BNSS. +1 more

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Ratio / Principle

In case any amount has been taken from the State exchequer, the same shall be returned by opposite party No.2 and other persons to the State exchequer.

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Key takeaways

The learned A.G.A., Shri Pankaj Kumar Tripathi, is directed to seek instructions from the District Social Welfare Officer, District Moradabad, on whether opposite party No.2 received any amount for the criminal proceedings initiated under the S.C./S.T. Act.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Praveen Kumar Giri, J.), Application U/S 528 BNSS No. 5419 of 2026, Asif v. State of U.P. (decided February 10, 2026): Applicants seek quashing of the entire criminal proceedings in Criminal Case No. 2122 of 2025 (State v. Naved and another), arising out of Case Crime No. 288 of 2025 under S. 351(3) BNS and Ss. 3(1)(d), 3(1)(dh), 3(2)(va) SC/ST Act, P.S. Bhojpur, District Moradabad, including the cognizance and summoning orders dated 01.12.2025 pending before the Special Judge (SC/ST Act) Court, Moradabad. Counsel for the applicants and for opposite party No.2 stated they had no knowledge whether the informant/victim received any amount from the State exchequer for the SC/ST proceedings. The Court directed that, if such amount has been taken, it shall be returned by opposite party No.2 and other persons to the State exchequer, and directed the learned A.G.A. (Shri Pankaj Kumar Tripathi) to seek instructions from the District Social Welfare Officer, District Moradabad, on the question; the case was listed fresh on 23.02.2026.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 5419 of 2026

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Asif And Another

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Siddhartha Kumar Mishra
Counsel for Opposite Party(s)	: Manish Singh, G.A.

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Court No. - 77

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

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The relief which has been mentioned in the application is delineated below:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application U/S 528 BNSS 2023, and quash entire criminal proceeding of In Criminal Case No. 2122 of 2025 (State Vs Naved and another) arising out of case crime no. 288 of 2025, U/S 351 (3) BNS & 3 (1) d, 3(1) dh, 3 (2) (va) SC/ST Act P.SBhojpur, District-Moradabad, Coganizance order as well as Summoning order dated-01.12.2025 is pending before Special Judge SC/ST Act Court, Moradabad."

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Shri Siddhartha Kumar Mishra, learned counsel for the applicants submits that both the parties have entered into compromise as they have settled their dispute out of Court.

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Shri Ravi Pratap, Advocate holding brief of Shri Manish Singh, learned counsel for opposite party No. 2 submits that opposite party No. 2 does not want to proceed with the criminal case against the applicants, therefore, the proceedings may be quashed on the basis of compromise.

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NA528 No. 5419 of 2026

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As per the report of the District Social Welfare Officer, Moradabad, the victim or any other person has not received any amount of compensation from the State Exchequer in respect of the proceedings initiated under the SC/ST Act.

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This Court in the interest of justice is directing the applicants as well as opposite party No.2 to file the compromise application before the trial court on 24.03.2026. The accused-applicants as well as the opposite party No.2 are directed to appear before the trial court for verification of the compromise application on 30.03.2026.

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The concerned trial court is directed that if both the parties appear before the trial court on 30.03.2026, the trial court shall verify the compromise application in the presence of both the parties and thereafter send the verification order/report to this Court on or before 08.04.2026.

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

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List this case as fresh on 08.04.2026.

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(Praveen Kumar Giri,J.)

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March 9, 2026 K.Tiwari

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Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad

Asif and Another v. State of U.P. and Another

Case brief

What is this about?

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Asif and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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