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

Rahul Khare 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, not allowed outright: the trial court is to verify any compromise filed within two weeks after summoning all signatories, prepare a report and make the compromise part of the record; upon verification the applicants may approach the High Court again for quashing; meanwhile the proceedings are stayed for one month; the original compromise deed is to be returned to the applicants' counsel after photocopy.

Issue for consideration

Whether the entire proceeding of Criminal Case No. 54141 of 2025 (State versus Rahul Khare), arising out of case crime no. 59 of 2025 under Sections 69, 123, 351(2) BNS, together with the charge sheet dated 16.04.2025 and the cognizance order dated 23.05.2025, should be quashed in view of the compromise said to have been entered into between the parties. +1 more

Court's answer

The application was disposed of with a direction that if the compromise is filed before the court concerned within two weeks, that court shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, verify the compromise within two weeks; if verified, a report to that effect shall be prepared and the compromise made part of the record.

Ratio / Principle

The question whether the parties have in fact compromised the matter can best be ascertained by the Court below, since such compromise has to be duly verified in the presence of the parties concerned before that Court; the High Court therefore did not itself adjudicate the fact of compromise.

Key takeaways

Upon verification of the compromise, the parties will be permitted to obtain certified copies of the report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶17
For a period of one month, the proceedings of Criminal Case No. 54141 of 2025 shall remain stayed.ratio¶18
The Office was directed to return the original compromise deed, if any, to the learned counsel for the applicants after taking its photocopy.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Divesh Chandra Samant, J. Application under S. 528 BNSS No. 2168 of 2025 by Rahul Khare sought quashing of the entire proceeding of Criminal Case No. 54141 of 2025 (State versus Rahul Khare), arising out of case crime no. 59 of 2025 under Sections 69, 123, 351(2) BNS, Police Station Gudumba, District Lucknow, pending before the II ACJM, Lucknow, along with the charge sheet dated 16.04.2025 and the cognizance order dated 23.05.2025, it being submitted that the parties had entered into a compromise to which Opposite Party No. 2 raised no objection. Held: whether the parties have in fact compromised can best be ascertained by the Court below, as the compromise must be duly verified in the presence of the parties concerned. The application was disposed of with directions that, if the compromise is filed before the court concerned within two weeks, it shall issue notices to all signatories requiring their personal presence and verify the compromise within two weeks, preparing a report and making the compromise part of the record; on verification, the applicants may approach this Court again for quashing. The proceedings were stayed for one month, and the Office was directed to return the original compromise deed after photocopy.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 2168 of 2025

Rahul Khare

.....Applicant(s)

	Versus
State Of U.P. Thru. Prin. Secy. Another	Home Lko. And	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Pradeep Kumar Verma, : G.A.	Akash Verma

Court No. - 29

HON'BLE DIVESH CHANDRA SAMANT, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Vakalatnama filed by Sri Rakesh Chandra Rastogi, Advocate on behalf of Opposite Party No.2 is taken on record.

The present application has been filed to quash the entire proceeding of Criminal Case No. 54141 of 2025 (State versus Rahul Khare) arising out of case crime no.59 of 2025, under Sections 69, 123, 351(2) BNS, Police Station- Gudumba, District Lucknow, pending before the II ACJM, Lucknow as well as impugned charge sheet dated 16.04.2025 and cognizance order dated 23.05.2025.

Learned counsel for the applicant submits that now parties have entered into compromise, therefore, this Court may please to quash the proceeding for which learned counsel for the opposite party no.2 has no objection.

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.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it within two weeks, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise with two weeks. If the aforesaid compromise is verified, a report to that effect

NA528 No. 2168 of 2025

2

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 applicants to approach this Court again for quashing of the proceedings.

For a period of one month, the proceedings of the aforesaid case shall remain stayed .

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

December 16, 2025 I.A. Siddiqui

(Divesh Chandra Samant,J.)

Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench