Khaleek Ahmad Alias Nikke Miyan and 11 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Khaleek Ahmad Alias Nikke Miyan and 11 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application not finally decided; compromise referred to the trial court (Civil Judge (Junior Division)/FTC-1, Kaushambi) for verification with parties to appear on 25.09.2025 and verification report due within two weeks; liberty to file supplementary affidavit; case to be listed fresh on 29.10.2025; no coercive action against the applicants till the next date of listing.

Issue for consideration

Whether the entire further criminal proceeding of Criminal Case No.407 of 2018 (State of U.P. Vs. Khaleel Ahmad and others), arising out of Case Crime No.167 of 2018, pending before the Civil Judge (Junior Division)/FTC-1, Kaushambi, should be quashed on the basis of the compromise dated 27.01.2025 between the applicants and opposite party no.2.

Ratio / Principle

Office was directed to send the certified copy of the compromise to the court concerned, i.e. learned Civil Judge (Junior Division)/FTC-1, Kaushambi, for verification of the same.

Key takeaways

The applicants and opposite party no.2 were directed to appear before the court concerned on 25.09.2025.ratio¶19
The court concerned was directed to verify the compromise in the presence of both parties and submit a compromise verification report to the High Court within two weeks thereafter.ratio¶20
Learned counsel for the applicants was permitted to file a supplementary affidavit bringing on record the proceedings of the compromise, within two weeks after verification of the compromise.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Jitendra Kumar Sinha, J.), APPLICATION U/S 528 BNSS No. - 33763 of 2025, decided September 4, 2025 — Khaleek Ahmad Alias Nikke Miyan and 11 others v. State of U.P. and another. The applicants sought quashing of the entire further criminal proceeding of Criminal Case No.407 of 2018 (State of U.P. Vs. Khaleel Ahmad and others), arising out of Case Crime No.167 of 2018, under sections 147, 148, 149, 323, 506, 336 IPC and section 7 Criminal Law Amendment Act, Police Station Karari, District Kaushambi, pending before the Civil Judge (Junior Division)/FTC-1, Kaushambi, on the basis of a compromise dated 27.01.2025 between the applicants and opposite party no.2. Counsel for opposite party no.2 and the State raised no objection. The Court did not decide the quashing question; it 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 before that court on 25.09.2025, required a compromise verification report within two weeks thereafter, permitted a supplementary affidavit recording the compromise proceedings, fixed fresh listing for 29.10.2025, and ordered that no coercive action be taken against the applicants till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33763 of 2025

Khaleek Ahmad Alias Nikke Miyan And 11 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

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

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Sri Mohammad Waseem, Advocate, has filed his vakalatnama on behalf of the opposite party no.2, which is taken on record.

Heard Sri Mohammad Abrar Khan, learned counsel for the applicants, Sri Sri Mohammad Waseem, learned counsel for the opposite party no.2 and Sri J. P. Singh, learned AGA for the State-opposite party no.1 are present.

This application u/s 528 BNSS has been preferred for quashing of the entire further criminal proceeding of Criminal Case No.407 of 2018 (State of U.P. Vs. Khaleel Ahmad and others), arising out of Case Crime No.167 of 2018, under sections 147, 148, 149, 323, 506, 336, IPC and section 7 Criminal Law Amendment Act, Police Station Karari, District Kaushambi, pending in the court of learned Civil Judge (Junior Division)/FTC-1, Kaushambi, on the basis of compromise dated 27.01.2025.

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 compromise is already on record as annexure No.7 to the memo of application. 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 (Junior Division)/FTC-1, Kaushambi, for verification.

NA528 No. 33763 of 2025

2

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 compromise to the court concerned i.e. learned Civil Judge (Junior Division)/FTC-1, Kaushambi, for verification of the same.

The applicants and opposite party no.2 are directed to appear before the court concerned on 25.09.2025.

Learned court concerned i.e. learned Civil Judge (Junior Division)/FTC-1, Kaushambi, 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 29.10.2025 as fresh, before the appropriate Bench.

Till the next date of listing no coercive action shall be taken against the applicant in the aforesaid case.

September 4, 2025 VKG

(Jitendra Kumar Sinha,J.)

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad