Allahabad High Court
VIKAS KUMAR SINGH AND 3 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that the compromise must be verified by the trial court, permitting video‑conference appearance for the absent parties and staying any coercive action until verification is completed.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking verification of a written compromise dated 27‑08‑2026. The court noted that the parties had already entered into the compromise and that two of the parties, one a cadet in the Merchant Navy and the other residing in Gujarat, could not appear in person. The court directed the Chief Judicial Magistrate, Bhadohi, to verify the compromise in the presence of all parties, allowing the two absent parties to appear via video conferencing. It ordered the Registrar to serve the direction within three working days and to file the verification report. The court also stayed any coercive action against the applicants in the pending criminal case (Case No. 2518 of 2018) until the next listing.
Issues considered
- Whether the compromise dated 27‑08‑2026 can be verified under Section 528 CrPC.
- Whether video conferencing is permissible for parties unable to appear in person.
- Whether a stay of coercive action is warranted pending verification.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- compromise verification
- video conferencing
- stay of coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37180 of 2026
Vikas Kumar Singh And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Singh
Counsel for Opposite Party(s) : Shailendra Kumar Yadav, G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA for State.
2. At the very outset, learned counsel for the applicants submitted that
parties have already entered into a compromise, which has been reduced in
writing on dated 27.08.2026 itself and the same has been preferred before
learned court concerned. The only direction sought by learned counsel for
applicant is for seeking verification of the same by learned trial court itself;
at the same time, learned counsel for applicants informed that applicant no.1,
namely, Vikas Kumar Singh, S/o Phool Chandra Singh is presently
rendering his services as Cadet in Merchant Navy and opposite party no.2,
namely, Manoj Singh S/o Late Amar Bahadur Singh is presently residing in
State of Gujarat for his livelihood and as such both may be permitted by this
Court to put their appearance through video conferencing.
3. In view of above, learned court of Chief Judicial Magistrate, Bhadohi at
Gyanpur/concerned court is hereby directed to verify the compromise dated
27.08.2026 in presence of all the parties, except applicant no.1 and opposite
party no.2, who have been extended liberty to put their appearance through
video conferencing as and when the date will be fixed before learned court
concerned.
4. Registrar (Compliance) is hereby directed to ensure service of this order
upon learned court of Chief Judicial Magistrate, Bhadohi at
Gyanpur/concerned court within next three working days and place the
verification report after receiving the same from learned court concerned in
records, so that the matter may be adjudicated on the basis of verification
NA528 No. 37180 of 2026
2
report.
5. List this case in the week commencing 12.10.2026.
6. Till the next date of listing, no coercive action shall be taken against the
applicant(s) in pursuance to Case No.2518 of 2018, arising out of Case
Crime No.109 of 2018, P.S. Bhadohi, District- Bhadohi.
September 8, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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