Mahfooz and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Mahfooz and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final quashing decision deferred: certified copy of compromise transmitted to Civil Judge (J.D.)/J.M., Shamli for verification; applicants and opposite party no.2 to appear on 16.09.2025; verification report and supplementary affidavit due within two weeks thereafter; case to be relisted fresh on 09.10.2025; interim order continues till next listing.

Issue for consideration

Whether the entire criminal proceedings in Criminal Case No.2090/9 of 2016, arising out of Case Crime No.185 of 2016 under sections 308, 323 IPC, should be quashed in view of the compromise entered into between the applicants and opposite party nos.2 & 3, pending verification of that compromise by the trial court.

Ratio / Principle

Office is directed to send the certified copy of the compromise to the court concerned, i.e. learned Civil Judge (J.D.)/J.M., Shamli, for verification of the same.

Key takeaways

The applicants and opposite party no.2 are directed to appear before the court concerned on 16.09.2025.ratio¶19
The court concerned (Civil Judge (J.D.)/J.M., Shamli) shall verify the compromise in the presence of both the parties and submit a compromise verification report to this Court within two weeks thereafter.ratio¶20
Learned counsel for the applicants may file a supplementary affidavit bringing on record the proceedings of the compromise within two weeks after verification of the compromise.ratio

Detailed headnote1 paragraphs

Application under Section 528 BNSS (No. 16871 of 2025) by Mahfooz and another seeking quashing of the entire proceedings of Criminal Case No.2090/9 of 2016 (State of U.P. Vs. Mahfooz & another), arising out of Case Crime No.185 of 2016 under sections 308, 323 IPC, Police Station Kandhala, District Shamli, pending before the Civil Judge (J.D.)/J.M., Shamli. Counsel for the applicants stated that the applicants and opposite party nos.2 & 3 had entered into a compromise, the certified copy whereof was on record as Annexure No.SA-1 to the supplementary affidavit, and prayed that it be verified by the trial court; the learned AGA raised no objection. The Court (Jitendra Kumar Sinha, J.) directed the office to send the certified copy of the compromise to the trial court for verification, directed the applicants and opposite party no.2 to appear there on 16.09.2025, directed the trial court to verify the compromise in the presence of both parties and submit a verification report within two weeks thereafter, permitted a further supplementary affidavit on the compromise proceedings, listed the matter afresh for 09.10.2025 before the appropriate Bench, and ordered that the interim order granted earlier would continue till the next date of listing. No precedent was cited and the question of quashing was left to be decided after verification of the compromise.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16871 of 2025

Mahfooz And Another

.....Applicant(s)

Versus

State Of U.P. And 2 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Avinash Pandey
Counsel for Opposite Party(s)	: Neetesh Kumar, G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Supplementary affidavit filed by learned counsel for the applicants is taken on record.

Heard Shri Avinash Pandey, learned counsel for the applicants, Shri Neetesh Kumar, learned counsel for the opposite party nos.2 and 3 and Shri O.P. Singh, learned AGA for the State-opposite party no.1.

This application u/s 528 BNSS. has been preferred for quashing of the entire proceedings, including the proceedings of Criminal Case No.2090/9 of 2016 (State of U.P. Vs. Mahfooz & another), arising out of Case Crime No.185 of 2016, under sections 308, 323 IPC, Police Station Kandhala, District Shamli, pending in the court of learned Civil Judge (J.D.)/ J.M., Shamli.

It is contended by learned counsel for the applicants that applicants and opposite party nos.2 & 3 have entered into compromise and certified copy of the compromise is on the record as Annexure No.SA-1 to the supplementary affidavit. He further submits that said compromise needs to be verified by the learned court concerned and he prays that same may be sent to the court concerned i.e. learned Civil Judge (J.D.)/ J.M., Shamli.

On the other hand, learned AGA for the State has no objection to the above submissions of learned counsel of the applicants.

In view of the above, office is directed to send the certified copy of compromise to the court concerned i.e. learned Civil Judge (J.D.)/ J.M., Shamli, for verification of the same. The applicants and opposite party no.2

NA528 No. 16871 of 2025

2

are directed to appear before the court concerned on 16.09.2025.

Learned court concerned i.e. learned Civil Judge (J.D.)/ J.M., Shamli, shall verify the compromise in the presence of both the parties and submit a compromise verification report to this Court, within two weeks thereafter.

Learned counsel for the applicants may also file a supplementary affidavit bringing on record the proceedings of the compromise, within two weeks, after verification of the compromise.

List this case on 09.10.2025 as fresh, before the appropriate Bench.

Interim order granted earlier shall continue to operate till the next date of listing.

September 2, 2025 RKM

(Jitendra Kumar Sinha,J.)

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad