Allahabad High Court
RAHUL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court directed that the compromise deed be filed and verified, and stayed coercive action against the applicants pending that verification.
Summary
The applicants filed an application under Section 528 of the CrPC seeking to settle the criminal case (Case Crime No.14 of 2019) through compromise. The court noted that a compromise deed had been prepared but not yet filed. It directed the applicants to file the deed before the Additional Civil Judge/Judicial Magistrate, Khurja, within 15 days and ordered verification of the compromise within four weeks. The court also stayed any coercive action against the applicants pending the verification report. The matter was listed for further hearing in the week commencing 23‑11‑2026. The order was signed by the presiding judge.
Issues considered
- Whether a compromise under Section 528 CrPC can be permitted in the present case.
- Whether coercive action against the applicants should be stayed pending verification of the compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- Criminal compromise
- stay of coercive action
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41525 of 2026
Rahul And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Pati Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. At the very outset, learned counsel for applicants 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 applicants is hereby directed to prefer the said
compromise deed before learned Additional Civil Judge (J.D.)/Judicial
Magistrate, Khurja, Bulandshahar within 15 days from today.
3. In case, compromise deed is filed within the said period,
learned Additional Civil Judge (J.D.)/Judicial Magistrate, Khurja,
Bulandshahar 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
applicants in pursuance of Case Crime No.14 of 2019, P.S. Arniya,
District Bulandshahar.
6. Registrar (Compliance) is hereby directed to serve a copy of this order
upon learned Additional Civil Judge (J.D.)/Judicial Magistrate, Khurja,
Bulandshahar 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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