Allahabad High Court
NA528/49108/2025 of SHOAIB AKHTAR @ BADSHAH Vs STATE OF U.P. AND ANOTHER on 14 May 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 49108 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, Sri Kamal Dev Rai, learned A.G.A. for the State, Sri Akilesh Kumar Tripathi, learned counsel for the opposite
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49108 of 2025
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
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1. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, Sri Kamal Dev Rai, learned A.G.A. for the State, Sri Akilesh Kumar Tripathi, learned counsel for the opposite party no. 2 and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed for quashing the entire proceeding of Case No. 140001 of 2023 (State Vs. Shoaib Akhtar @ Badshah), arising out of Case Crime No. 725 of 2021, under Sections 420, 406, 379 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar on the basis of compromise.
3. Learned counsel for the applicants submits that this Court vide order dated 07.01.2026, directed the parties to appear before court concerned within six weeks for verification but the parties did not appear before the court concerned. Now they are ready to appear before the court concerned for verification. He further submits that the applicants shall file compromise deed before the learned trial court for verification.
4. Learned counsel for the opposite party no. 2 and learned A.G.A. for the State submit that they have no objection if the parties approach trial court to file compromise deed in the given circumstances.
5. Whether the parties have entered into compromise, can best be adjudicated by the trial court. As such, the parties may appear before the trial court and file the compromise deed entered into between the parties within 30 days, which shall be verified by the trial court. The trial court Versus Counsel for Applicant(s) : Deepak Kumar Tripathi Counsel for Opposite Party(s) : Akhilesh Kumar Tripathi, G.A. Shoaib Akhtar @ Badshah .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
shall place the original compromise deed in its record.
6. No compromise shall be entertained by the trial court if the informant/victim and accused are not signatories and appear before the court of its verification. In case of exigency, the trial court shall apply its mind and pass appropriate order.
7. For a period of two months, the proceedings of the trial court shall be kept in abeyance, if the compromise is filed and verified within stipulated period, otherwise, the trial court shall continue with the trial in accordance with law.
8. All the parties, who files compromise deed and get it verified shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding.
9. In view of above, the application under Section 528 B.N.S.S. is accordingly disposed of. May 15, 2026 Rmk. NA528 No. 49108 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad