Kalveer @ Brahmyuman and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Kalveer @ Brahmyuman and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with directions to the Court concerned to issue notices to all signatories of any compromise, verify it, prepare a report and make it part of the record, permitting the parties thereafter to obtain certified copies and approach this Court again for quashing; one month's protection from coercive action against the appellants; original compromise to be returned to counsel for appellants.

Issue for consideration

Whether the summoning order dated 16.10.2001 and charge sheet No.18of 2001 dated 12.9.2001 against the appellants should be quashed in view of the alleged compromise between the parties. +1 more

Court's answer

Appeal disposed of with directions: if a compromise is filed before the Court concerned, it shall issue notices to all signatories requiring their personal presence, verify the compromise, prepare a report making the compromise part of the record, allow the parties certified copies, and it will be open to the parties to approach this Court again for quashing of the proceedings.

Ratio / Principle

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

Key takeaways

Interim direction that for a period of one month no coercive action shall be taken against the appellants in the aforesaid case.ratio¶11
Original copy of the compromise, if filed before this Court along with the present application, is to be returned to the learned counsel for appellants as per Rules of Court.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Alok Mathur, J. - Criminal Appeal No. 1065 of 2025 (neutral citation 2025:AHC-LKO:21869), Order Date 18.4.2025. Appellants sought quashing of the summoning order dated 16.10.2001 and charge sheet No.18of 2001 dated 12.9.2001 in Sessions Trial No.0962/2008 arising out of case crime No.0152/2001 under Sections 323, 504, 506 IPC and Section 3(1)(X) of the S.C./S.T. Act, P.S. Malihabad, District Lucknow, on the basis of a compromise between the parties. Held that whether the parties have in fact compromised the matter is best ascertained by the Court below, the compromise having to be duly verified in the presence of the parties. Appeal disposed of with directions: on filing of a compromise, the Court concerned shall notice all signatories for personal presence, verify the compromise, prepare a report and make it part of the record; parties may then obtain certified copies and approach the High Court again for quashing. No coercive action against the appellants for one month; original compromise to be returned to counsel as per Rules of Court.

Neutral Citation No. - 2025:AHC-LKO:21869

Court No. - 12

Case :- CRIMINAL APPEAL No. - 1065 of 2025

Appellant :- Kalveer @ Brahmyuman And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Mohd. Salman,Satyendra Kumar Counsel for Respondent :- G.A.

Hon'ble Alok Mathur, J.

Heard Sri Mohd. Salman, learned counsel for the appellants, learned A.G.A. on behalf of the State and Sri Mukhtar Ahmed, learned counsel who has put in appearance on behalf of opposite party No.2 and filed vakalatnama, which is taken on record.

This appeal has been filed by the appellants for quashing the summoning order dated 16.10.2001 as well as charge sheet No.18of 2001, dated 12.9.2001 in Sessions Trial No.0962/2008 arising out of case crime No.0152/2001, under Sections- 323, 504, 506 IPC and under Section 3 (1) (X) of S.C./S.T. Act, police station Malihabad, District Lucknow pending before Additional Sessions Judge/Special Judge (S.C./S.T. (P.A.) Act), Lucknow.

Learned counsel for the parties submit that parties have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties.

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

Accordingly, this appeal is disposed of with a direction to the 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 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 parties to approach this Court again for quashing of the proceedings.

For a period of one month, no coercive action shall be taken

against the appellants in the aforesaid case.

Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for appellants, as per Rules of Court.

With aforesaid directions, the appeal stands disposed of .

(Alok Mathur, J.)

Order Date :- 18.4.2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench