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

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

What the court decided

AI extract

Outcome

Interim order only: (i) no coercive action against the applicants till the next date of listing in pursuance of Case no. 3857 of 2019 / Case Crime no. 0161 of 2019 under sections 307 IPC; (ii) parties to file compromise before ACJM-IV, Varanasi within 15 days, to be verified within four weeks with report to the High Court; (iii) matter listed in the week commencing 6.4.2026 along with the verification report. Final adjudication of the application deferred.

Issue for consideration

Whether the criminal proceedings in Case no. 3857 of 2019 arising out of Case Crime no. 0161 of 2019 under Section 307 IPC, PS Ramnagar, District Varanasi, should be quashed/settled in light of the compromise already arrived at between the parties (inferred; the application is listed for adjudication on the basis of a verification report of the compromise).

Court's answer

Interim protection: till the next date of listing, no coercive action shall be initiated against the applicants in pursuance to Case no. 3857 of 2019 arising out of Case Crime no. 0161 of 2019 under sections 307 IPC at PS-Ramnagar, District Varanasi; this was not disputed by counsel for opposite party no. 2.

Ratio / Principle

Learned counsel for both parties were requested to advise their clients (applicants and opposite party nos. 2) to file the compromise before the learned court of Additional Chief Judicial Magistrate, IV, Varanasi within 15 days.

Key takeaways

If the compromise deed is filed within the stipulated period, the court of Additional Chief Judicial Magistrate, IV, Varanasi shall verify it in presence of both parties within four weeks thereafter and send its report to the High Court through the Registry on or before the next date.ratio¶11
Registrar (Compliance) directed to serve a copy of the order upon the court of Additional Chief Judicial Magistrate, IV, Varanasi within three working days, and on receipt of the verification report to place it on record so the matter can be adjudicated on the basis of the verification report.ratio¶13

Detailed headnote1 paragraphs

Interim order — Application under Section 528 BNSS (Application U/S 528 BNSS No. 6629 of 2026), High Court of Judicature at Allahabad (Saurabh Srivastava, J.) — applicants sought relief in respect of Case no. 3857 of 2019 arising out of Case Crime no. 0161 of 2019 under sections 307 IPC, PS Ramnagar, District Varanasi — counsel for applicants stated the parties had already entered into a compromise not yet filed before the court below — both sides directed to file the compromise before the Additional Chief Judicial Magistrate, IV, Varanasi within 15 days; said court to verify the compromise in presence of the parties within four weeks thereafter and send its report to the High Court through the Registry — Registrar (Compliance) to serve copy of the order on the trial court within three working days and place the verification report on record — till the next date of listing (week commencing 6.4.2026), no coercive action against the applicants — matter to be adjudicated on the basis of the verification report.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 6629 of 2026

Mithlesh Tiwari And Another

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Neeraj Kumar	Kumar	Srivastava, Pankaj
Counsel for Opposite Party(s)	: G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard Mr. Pankaj Kumar, learned counsel for applicants, Ms. Jagriti Shukla holding brief of Mr. Param Hans Dubey, learned counsel for opposite party no. 2 and learned AGA for State.

At the very outset, Mr. Pankaj Kumar, learned counsel for applicants submitted that both the parties have already been entered into a compromise but the same has not been preferred before learned court concerned.

Learned counsel for both the parties are hereby requested to advice their clients i.e. applicants and opposite party nos. 2 to file compromise before learned court of Additional Chief Judicial Magistrate, IV, Varanasi within 15 days from today.

In case, the said compromise deed is filed within the stipulated period, learned court of Additional Chief Judicial Magistrate, IV, Varanasi shall verify the same in presence of both the parties within a period of four weeks thereafter and send its report to this Court through the Registry on or before the next date.

List this case in week commencing 6.4.2026 along with said report.

Registrar (Compliance) is hereby directed to serve a copy of this order upon learned court of Additional Chief Judicial Magistrate, IV, Varanasi within next three working days and after receiving verification report,

NA528 No. 6629 of 2026

2

same may be placed in record of this matter, so that the matter may be adjudicated on the basis of verification report.

Till the next date of listing, no coercive action shall be initiated against the applicants herein in pursuance to Case no. 3857 of 2019 arising out of Case Crime no. 0161 of 2019 under sections 307 IPC at PS- Ramnagar, District Varanasi which has not been disputed by Ms. Jagriti Shukla holding brief of Mr. Param Hans Dubey, learned counsel for opposite party no. 2.

(Saurabh Srivastava,J.)

February 24, 2026

Shaswat

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