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Allahabad High Court

CHANDUversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that the parties may settle the case under Section 528 CrPC and directed filing and verification of the compromise deed, staying any coercive action in the meantime.

Summary

The applicant, Chandu, filed an application under Section 528 of the Criminal Procedure Code seeking to settle the pending criminal case (Case Crime No.566 of 2015) with the State of U.P. Both parties had already reached a compromise, but the deed had not been presented before the court. The High Court noted the absence of the compromise deed and directed the applicant’s counsel to file it before the Additional Sessions Judge/POCSO, Bijnor within fifteen days. The court further ordered that the Additional Sessions Judge verify the compromise in the presence of both parties within four weeks and forward a report to the High Court. A stay was granted on any coercive action against the applicant pending the verification. The matter was listed for further hearing in the week commencing 23‑11‑2026, and the registrar was instructed to serve a copy of the order to the Additional Sessions Judge. Consequently, the application was disposed with directions to effect the compromise and suspend enforcement measures.

Issues considered

  • Whether a compromise under Section 528 CrPC is permissible in the present criminal case.
  • What procedural steps must be complied with for filing and verification of the compromise deed.
  • Whether coercive action against the applicant should be stayed pending verification.

Legislation cited

Subjects

  • Section 528
  • Criminal Procedure Code
  • compromise deed
  • stay of coercive action
  • High Court of Allahabad
  • POCSO
  • application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 41520 of 2026

                                    Chandu
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                       :   Ronak Chaturvedi
                                    Counsel for Opposite Party(s)                  :   G.A.

                                    Court No. - 79
                                                     HON'BLE SAURABH SRIVASTAVA, J.

                                    1. At the very outset, learned counsel for applicant has submitted that both
                                    the parties have already been entered into a compromise but the same has
                                    not been preferred before learned court concerned.

                                    2. Learned counsel for applicant is hereby directed to prefer the said
                                    compromise deed before learned Additional Sessions Judge/POCSO, Bijnor
                                    within 15 days from today.

                                    3. In case, compromise deed is filed within the said period,
                                    learned Additional Sessions Judge/POCSO, Bijnor shall verify the said
                                    compromise in presence of both the parties within a period of four weeks
                                    and send its report to this Court through the Registry on or before the next
                                    date.

                                    4. List this case in the week commencing 23.11.2026 with said report.

                                    5. Till the next date of listing, no coercive action shall be initiated against
                                    applicant in pursuance of Case Crime No.566 of 2015, P.S. Kotwali City,
                                    District Bijnor.

                                    6. Registrar (Compliance) is hereby directed to serve a copy of this order
                                    upon learned Additional Sessions Judge/POCSO, Bijnor within three
                                    working days so that the matter may be adjudicated on the basis of
                                    verification report.

                                    September 28, 2026
                                    Vivek Kr.
                                                                                         (Saurabh Srivastava,J.)




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

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