Siraj and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Siraj and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the trial court to issue notices to the signatories and verify the compromise if filed; on verification, a report to be prepared and the compromise made part of the record; liberty reserved to the applicants to approach the High Court again for quashing; coercive action against the applicants barred for one month; Office directed to return the original compromise deed to the applicants' counsel after photocopying.

Issue for consideration

Whether the charge-sheet No. 1 of 2020, cognizance order dated 11-06-2020 and entire proceedings of Case No. 3772/2020 (Case Crime No. 78/2020, Ss. 323, 336, 504, 506 IPC, P.S. Jaidpur, District Barabanki) should be quashed in view of the amicable compromise said to have been reached between the parties.

Court's answer

Whether the parties have in fact compromised the matter can best be ascertained by the trial court concerned, since the compromise has to be duly verified in the presence of the parties concerned before that court.

Ratio / Principle

The application is disposed of with a direction to the trial court that if the compromise is filed before it, it shall issue notices to all signatories of the compromise requiring their personal presence and thereupon verify the compromise.

Key takeaways

Upon verification of the compromise, the trial court shall prepare a report to that effect and make the compromise part of the record.ratio¶19
Once the compromise is verified and reported, the trial court will permit the parties to obtain certified copies of the report and compromise, and it will remain open to the applicants to approach this Court again for quashing of the proceedings.ratio¶20
As interim protection, no coercive action shall be taken against the applicants in the aforesaid case for a period of one month.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. — Application U/S 482 No. 9664 of 2025, Siraj and 2 others v. State of U.P. and another (decided November 18, 2025): Applicants sought quashing of charge-sheet No. 1 of 2020 (dated 05-04-2020), cognizance order dated 11-06-2020, and entire proceedings of Case No. 3772/2020 arising out of Case Crime No. 78/2020 (Sections 323, 336, 504, 506 IPC), Police Station Jaidpur, District Barabanki, pending before the Chief Judicial Magistrate, Court No. 18, Barabanki, on the strength of an alleged amicable compromise between the parties (Annexure SA-1). Holding that the fact and validity of a compromise can best be ascertained only by the trial court through verification in the presence of the parties, the Court disposed of the application, directing that if the compromise is filed before the trial court it shall summon all signatories for personal presence and verify the compromise; upon verification, a report shall be prepared and the compromise made part of the record, after which the applicants may approach the High Court afresh for quashing. Interim protection: no coercive action against the applicants for one month. Office directed to return the original compromise deed to counsel after photocopying.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9664 of 2025

Siraj And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Mohd. Jabir Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Sri Hari Prasad Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

The instant application has been filed with the following prayer:-

"wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge-sheet No. 1 of 2020 dated 05-042020 and cognizance order dated 11-06-2020 as well as entire proceeding of case no. 3772/2020 arising out of case crime no.78/2020, Under Section-323, 336, 504, 506 IPC. (State Vs. Siraj and Ors.), Police StationJaidpur, District-Barabanki pending before the Learned Court of Chief Judicial Magistrate Court No.18, Barabanki contained as Annexure No. 1 & 2 to this petition."

Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.SA1 to the application.

A482 No. 9664 of 2025

2

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

Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same.

(Rajeev Singh,J.)

November 18, 2025

Anurag

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench