Mohd. Yusuf @ Papular and 5 Others Vs State of U.P. Thru. Prin. Secy. Home and 3 Others — Allahabad HC (2025) — LawSathi Research

Mohd. Yusuf @ Papular and 5 Others Vs State of U.P. Thru. Prin. Secy. Home and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of finally without quashing: parties directed to appear and file the compromise before the concerned Court (Sp. A.C.J.M./CBI (AP), Lucknow) within four weeks; concerned Court to verify the compromise, prepare a report, make the original compromise deed part of the record, allow certified copies, and conclude verification within four weeks of production of the order's copy; applicants free to approach the Court again for quashing; Office to provide the original compromise to the applicants' counsel retaining a photocopy; no coercive action against the applicants for eight weeks.

Issue for consideration

Whether the charge sheet no. 82/2014, the cognizance order dated 2307-2016 [sic] and the ensuing proceedings in Case No. 33921 of 2016 (arising out of Case Crime No. 187/2014) should be quashed in view of the parties' out-of-court compromise. +1 more

Court's answer

On consideration of the claimed settlement, the application was disposed of finally by directions rather than by quashing the proceedings outright.

Ratio / Principle

Whether the parties have in fact compromised the matter can best be ascertained by the Trial Court, as the compromise has to be duly verified in the presence of the parties concerned before the Court.

Key takeaways

The parties to Case No. 33921 of 2016 (out of Case Crime No. 187/2014) shall appear before the concerned Court and file the compromise within four weeks.ratio¶14
The concerned Court shall verify the compromise, prepare a report to that effect, make the original compromise deed part of the record, permit the parties to obtain certified copies of the report and compromise deed, and conclude the verification within four weeks from the date of production of a copy of this order.ratio¶16
It shall be open to the applicants to approach this Court again for quashing of the proceedings (after verification of the compromise).

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 12), Saurabh Lavania, J. | Neutral Citation 2025:AHC-LKO:6443 | Order dated 30.1.2025 | Application U/S 482 No. 896 of 2025 — Mohd. Yusuf @ Papular and 5 others v. State of U.P. thru. Prin. Secy. Home and 3 others. Applicants sought quashing of charge sheet no. 82/2014 dated 09-07-2014 and the cognizance order dated 2307-2016 [sic] passed by ACJM Court no. 26, Lucknow, and dropping of proceedings in Case No. 33921 of 2016 pending before Sp. A.C.J.M./CBI (AP), Lucknow, arising out of Case Crime No. 187/2014 under Sections 147/323/504/506/386 IPC, P.S. Mahanagar, Lucknow, on the plea of an amicable out-of-court compromise (deed annexed as Annexure No. 5). Holding: whether the parties have in fact compromised can best be ascertained by the Trial Court, as the compromise must be duly verified in the presence of the parties. Disposition: application disposed of finally — parties to file the compromise before the concerned Court within four weeks; concerned Court to verify the compromise, prepare a report, make the original deed part of the record, permit certified copies, and conclude verification within four weeks of production of the order's copy; applicants at liberty to approach the Court again for quashing; no coercive action against the applicants for eight weeks.

Neutral Citation No. - 2025:AHC-LKO:6443

Court No. - 12

Case :- APPLICATION U/S 482 No. - 896 of 2025

Applicant :- Mohd. Yusuf @ Papular And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others

Counsel for Applicant :- Amit Kumar Singh,Vinay Kumar Singh,Virijendra Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Shri Sameer Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record.

Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record.

The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "Wherefore, it is very respectfully prayed that this Hon'ble court may kindly be pleased to Quash the charge sheet no. 82/2014 dated 09-07-2014 submitted by investigating officer under section 147/323/504/506/386 I.P.C. against the petitioner by imposing the charges before ACJM Court no. 26 P.S.Mahanagar, District-Lucknow and cognizance order dated 2307-2016 passed by ACJM Court no. 26 Lucknow contained as Annexure No.1& 2 with this petition.

It is further prayed that drop the proceeding of the case No. 33921of 2016 pending before Pending before Sp. A.C.J.M./CBI (AP) Lucknow in case crime no.187/2014 under sections 147/323/504/506/386 I.P.C. P.S. Mahanagar, Lucknow in pursuance of the impugned charge sheet."

Learned counsel for the applicants has submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.5 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court.

Considering the aforesaid, this application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Case No.33921of 2016, pending before Sp. A.C.J.M./CBI (AP), Lucknow, which have arisen out of Case Crime No.187/2014, under Sections 147/323/504/506/386 I.P.C. P.S. Mahanagar, Lucknow, shall appear and file the compromise before the concerned Court within four week's from today.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 30.1.2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench