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

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

What the court decided

AI extract

Outcome

Interim protection to the applicants: no coercive action till the next date of listing; the written compromise dated 25.8.2025 to be preferred before the trial court within 15 days and verified within four weeks; Registrar (Compliance) to ensure service of the order within four working days; matter listed in week commencing 11.5.2026.

Issue for consideration

Whether the application under Section 528 BNSS, founded on a written compromise dated 25.8.2025 entered into after submission of the charge sheet but before the summoning order in Criminal Case no. 7431 of 2025 (arising out of Case Crime no. 0087 of 2025), should be adjudicated after verification of the compromise by the trial court. +1 more

Court's answer

Either of the parties may prefer the written compromise dated 25.8.2025 before the learned court of Judicial Magistrate II, Saharanpur/concerned court in Criminal Case no. 7431 of 2025 arising out of Case Crime no. 0087 of 2025 within 15 days.

Ratio / Principle

The learned court of Judicial Magistrate II, Saharanpur/concerned court is directed to verify the compromise within four weeks, in the presence of both parties, and report the same so that the matter may be adjudicated on the basis of the verification report.

Key takeaways

Registrar (Compliance), Allahabad High Court, is directed to ensure service of the order upon the learned Judicial Magistrate II, Saharanpur/concerned court within the next four working days and, after seeking the verification report, place it on record.ratio¶8
As an interim measure, till the next date of listing no coercive action shall be initiated against the applicants in pursuance of Case no. 7431 of 2025 arising out of Case Crime no. 0087 of 2025.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), Application U/S 528 BNSS No. 9493 of 2026, Ashish and another v. State of U.P. and another, decided 08.04.2026: On the applicants' statement that a written compromise had been entered into between the parties on 25.8.2025, after submission of the charge sheet but before the summoning order, in Criminal Case no. 7431 of 2025 arising out of Case Crime no. 0087 of 2025 (sections 115(2), 352, 351(2) BNS, PS Mirzapur, District Saharanpur), the Court directed that either party may prefer the compromise before the learned Judicial Magistrate II, Saharanpur/concerned court within 15 days; the Magistrate was directed to verify the compromise within four weeks in the presence of both parties and report, so that the matter may be adjudicated on the basis of the verification report; the Registrar (Compliance) was directed to ensure service of the order within four working days; and, till the next date of listing (week commencing 11.5.2026), no coercive action was to be initiated against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9493 of 2026

Ashish And Another

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

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

At the very outset, learned counsel for applicants submitted that compromise has already been entered by both the parties and reduced in writing on dated 25.8.2025 i.e. after submission of the charge sheet but before summoning order has been passed and as such either of the parties may prefer the same before learned court of Judicial Magistrate, II^nd ,Saharanpur/concerned court in Criminal Case no. 7431 of 2025 arising out of Case Crime no. 0087 of 2025 within 15 days from today.

Learned court of Judicial Magistrate, II^nd ,Saharanpur/concerned court is directed to verify the aforesaid compromise within four weeks from today in presence of both the parties and report the same so that the matter may be adjudicated on the basis of the verification report.

Registrar (Compliance), Allahabad High Court, is hereby directed to ensure service of this order upon learned Judicial Magistrate, II^nd ,Saharanpur/concerned court within next four working days and after seeking verification report the same may be placed in record.

NA528 No. 9493 of 2026

2

List in week commencing 11.5.2026.

Till the next date of listing, no coercive action shall be initiated against the applicants herein in pursuance to Case no. 7431 of 2025 arising out of Case Crime no. 0087 of 2025 under sections 115(2), 352, 351(2) BNS, PS- Mirzapur, District Saharanpur.

April 8, 2026

Shaswat

(Saurabh Srivastava,J.)

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