Allahabad High Court
ABHISHEK MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court held that, in view of the parties’ settlement, the writ petition is disposed and the trial court is directed to consider any application under Section 320 Cr.P.C. to give effect to the settlement.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking relief, but the parties subsequently reached an amicable settlement, which was verified on 11 May 2026. The court, noting the settlement, ordered the trial court to consider any application under Section 320 Cr.P.C. to give effect to the settlement within four weeks of the certified order. Consequently, the writ petition was disposed of. The direction aims to expedite the compounding of the offence, if applicable, in line with the parties’ agreement. No further substantive adjudication on the merits of the original bail application was made.
Issues considered
- Can the settlement between the applicant and opposite party be given effect under Section 320 of the Criminal Procedure Code?
- Should the writ petition under Section 528 be disposed of on the basis of the parties' settlement?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 320, 528
Subjects
- settlement
- Section 528
- Section 320
- Criminal Procedure Code
- bail
- compounding of offences
- High Court
- application
- disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37933 of 2026
Abhishek Mishra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ayush Pratap Singh, Vimal Kumar
Pandey
Counsel for Opposite Party(s): G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Learned counsel for the applicant submits that the applicant and
opposite party no. 2 have amicably settled the dispute between them.
The parties were duly verified by the learned C.J.M. concerned, and
the verification report has been annexed as Annexure-6 to the
petition. The said report relates to the verification of the parties dated
11.05.2026.
2. In view of the aforesaid settlement, the writ petition is disposed of
with a direction to the learned trial court to consider and decide,
under the provisions of Section 320 Cr.P.C, the appropriate
application, if any, moved by the applicant and opposite party no. 2
for giving effect to the settlement arrived at between the parties,
expeditiously, preferably within a period of four weeks from the date
of production of a certified copy of this order.
3. The petition is accordingly disposed of.
September 9, 2026
Priyanka
(Deepak Verma,J.)
Digitally signed by :-
PRIYANKA KUSHWAHA
High Court of Judicature at Allahabad
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