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

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

What the court decided

AI extract

Outcome

Interim stay of further proceedings against the applicant in the aforesaid criminal case till the next date of listing; case to be listed fresh on 07.04.2026 with liberty to learned A.G.A. to file counter affidavit in the meantime; final quashing prayer left open.

Issue for consideration

Whether the charge-sheet dated 13.01.2024, the cognizance/summoning order dated 02.04.2024 and the entire proceedings of Criminal Case No. 17372 of 20243 (State Vs. Prajjawal Nishad), arising out of Case Crime No. 667 of 2023, under Sections 376, 504 I.P.C., should be quashed on the basis of the compromise between the parties.

Court's answer

As an interim measure, further proceedings against the applicant in the aforesaid criminal case shall remain stayed till the next date of listing (07.04.2026); the quashing prayer itself was not finally decided at this stage.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Tarun Saxena, J.) — interim order in Application U/S 528 BNSS No. 9314 of 2026, Prajjawal Nishad v. State of U.P. and Another. The applicant sought quashing of the charge-sheet dated 13.01.2024, the cognizance/summoning order dated 02.04.2024 and the entire proceedings of Criminal Case No. 17372 of 20243 (State Vs. Prajjawal Nishad), arising out of Case Crime No. 667 of 2023, under Sections 376, 504 I.P.C., Police Station Chiluwatal, District Gorakhpur, pending before the Additional Civil Judge (S.D.), Court No. 2, Gorakhpur, on the basis of a compromise. Counsel jointly submitted that the compromise had been verified by the Trial Court pursuant to this Court's order dated 22.01.2026 in earlier Application U/S 528 BNSS No. 2422 of 2026, and the certified copy with verification report was annexed as Annexure No. 2. Vakalatnama of Sri Dinesh Chauhan for opposite party no. 2 was taken on record. Held: till the next date of listing (07.04.2026), further proceedings against the applicant shall remain stayed; learned A.G.A. may file counter affidavit in the meantime. The quashing prayer was not finally decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9314 of 2026

Prajjawal Nishad

.....Applicant(s)

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

Court No. - 78

HON'BLE TARUN SAXENA, J.

Sri Dinesh Chauhan, Advocate has filed his vakalatnama on behalf of opposite party no. 2, which is taken on record.

Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned AGA for the State and perused the records.

In pursuance of earlier application filed under Section 528 BNSS No. 2422 of 2026, wherein this Court vide its order dated 22.01.2026 has disposed of the application by directing the Trial Court to verify the compromise, the present application U/S 528 B.N.S.S. has been filed by the applicant with the prayer to quash the charge-sheet dated 13.01.2024, the cognizance / summoning order dated 02.04.2024 as well as entire proceedings of Criminal Case No. 17372 of 20243 (State Vs. Prajjawal Nishad), arising out of Case Crime No. 667 of 2023, under Sections 376, 504 I.P.C., Police Station Chiluwatal, District Gorakhpur, pending in the court of Additional Civil Judge (S.D.), Court No. 2, Gorakhpur on the basis of compromise.

Learned counsel for the applicant and learned counsel for the opposite party no. 2 jointly submit that the parties have entered into a compromise and the same has been duly verified by the Trial Court concerned. The certified copy of the compromise along with verification report has been annexed as Annexure No. 2 to this application. Therefore, no useful purpose would be

NA528 No. 9314 of 2026

2

served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law.

List this case on 07.04.2026 as fresh.

In the meantime, learned A.G.A. for the State may file counter affidavit.

Till the next date of listing, further proceedings against the applicant in the aforesaid case shall remain stayed.

(Tarun Saxena,J.)

March 10, 2026

SK Srivastava

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