Asif and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Asif and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection that no coercive action shall be taken against the applicants till the next date of listing; compromise referred to the trial court (ACJM, Court No.1, Ghaziabad) for verification with parties to appear on 08.10.2025 and a verification report due within two weeks; liberty to file a supplementary affidavit; case to be listed fresh on 06.11.2025. The quashing prayer itself was not finally decided.

Issue for consideration

Whether the charge sheet dated 07.01.2023, the cognizance/summoning order dated 07.01.2023 and the entire proceedings of Criminal Case No.154 of 2023 (arising out of Case Crime No.358 of 2020, under sections 323, 308, 506 IPC, Police Station Loni, District Ghaziabad) are liable to be quashed in view of the compromise between the applicants and opposite party no.2.

Court's answer

Office was directed to send the certified copy of the compromise to the court concerned (Additional Chief Judicial Magistrate, Court No.1, Ghaziabad) for verification, and the applicants and opposite party no.2 were directed to appear before that court on 08.10.2025.

Ratio / Principle

The court concerned shall verify the compromise in the presence of both parties and submit a compromise verification report to the High Court within two weeks thereafter; counsel for the applicants may file a supplementary affidavit bringing the compromise proceedings on record within two weeks after verification.

Key takeaways

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants; the case is to be listed fresh on 06.11.2025 before the appropriate Bench.ratio¶23

Detailed headnote1 paragraphs

Quashing application styled under Section 528 BNSS (described in the body as under Section 482 Cr.P.C.) filed by Asif and 3 others seeking quashing of the charge sheet dated 07.01.2023 and cognizance/summoning order dated 07.01.2023, and the entire proceedings of Criminal Case No.154 of 2023 (State Vs. Asif and others), arising out of Case Crime No.358 of 2020 under sections 323, 308, 506 IPC, Police Station Loni, District Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No.1, Ghaziabad. Counsel for the applicants stated that the applicants and opposite party no.2 had entered into a compromise, whose certified copy was already on record, and sought its verification by the trial court; counsel for opposite party no.2 and the State raised no objection. The Court directed the office to send the certified copy of the compromise to the trial court for verification, directed the parties to appear before it on 08.10.2025, required a compromise verification report within two weeks thereafter, permitted a supplementary affidavit, and listed the matter fresh on 06.11.2025. Till the next date of listing, no coercive action was to be taken against the applicants. The merits of the quashing prayer were left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33617 of 2025

Asif And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

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

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Shri Hussain Amir, Advocate has appeared and states that Mohd. Amesh has received instruction on behalf of opposite party no.2 and he will file Vakalatnama on behalf of opposite party no.2.

Heard Shri Mohd Aamir, learned counsel for the applicants, Shri Hussain Amir, learned counsel for the opposite party no.2 and Shri O.P. Singh, learned AGA for the State-opposite party no.1.

This application U/S 482 Cr.P.C. has been preferred for quashing of the impugned charge sheet dated 07.01.2023 and impugned cognizance/summoning order dated 07.01.2023 as well as entire proceedings of Criminal Case No.154 of 2023 (State Vs. Asif and and others), arising out of Case Crime No.358 of 2020, under sections 323, 308, 506 of IPC, Police Station Loni, District Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Ghaziabad.

It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and certified copy of the same has already been filed, which is on the record. 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 Additional Chief Judicial Magistrate, Court No.1, Ghaziabad.

On the other hand, learned counsel for opposite party no.2 as well as learned AGA for the State have 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

NA528 No. 33617 of 2025

2

compromise to the court concerned i.e. learned Additional Chief Judicial Magistrate, Court No.1, Ghaziabad, for verification of the same. The applicants and opposite party no.2 are directed to appear before the court concerned on 08.10.2025.

Learned court concerned i.e. learned Additional Chief Judicial Magistrate, Court No.1, Ghaziabad, 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 06.11.2025 as fresh, before the appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicants.

September 11, 2025 RKM

(Jitendra Kumar Sinha,J.)

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