Allahabad High Court
KAYAMUDDIN AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The application under Section 528 is dismissed as not pressed, with liberty to file a fresh application if a compromise is later achieved.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking a compromise in a criminal matter. Earlier, both sides had indicated willingness to settle, but a misunderstanding prevented a final agreement. The opposite party’s counsel asserted that no genuine compromise existed and that any purported agreement was made under duress. Consequently, the applicants requested that the pending application be dismissed as not pressed, reserving the right to file a fresh application if a settlement is later reached. The Court, accepting this request, dismissed the application as not pressed and granted liberty to re‑file in the future. The order was recorded in the presence of the learned Additional Government Advocate for the State.
Issues considered
- Whether an application under Section 528 CrPC can be dismissed as not pressed when the parties fail to reach a compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- Criminal Procedure Code
- compromise
- application dismissed
- not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 23670 of 2025
Kayamuddin And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : R S Dubey, Vinkesh Ojha
Counsel for Opposite Party(s) : Ashish Kumar Mishra, G.A., Kuldeep
Kumar Gupta
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Learned counsel for the applicants submits that earlier the parties were
willing to enter into a compromise; however, due to some
misunderstanding, the compromise could not be arrived at.
2. From the earlier order dated 24.03.2026, it appears that learned counsel
for opposite party no. 2 had appeared before the Court and stated that
no compromise had taken place between the parties and that the
alleged compromise had been prepared under pressure and after
extending threats to opposite party no. 2.
3. Learned counsel for the applicants states that he does not wish to press
the present application and, therefore, prays that the same may be
dismissed as not pressed, with liberty to file a fresh application in case
the parties arrive at a compromise.
4. In view of the statement made by learned counsel for the applicants,
the present application is dismissed as not pressed with the aforesaid
liberty.
5. This order has been passed in the presence of learned A.G.A. for the
State.
September 17, 2026
Akbar
(Madan Pal Singh,J.)
Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad
Checking your session…