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

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

What the court decided

AI extract

Outcome

Application not finally adjudicated at this stage: compromise referred for verification by the court concerned, parties directed to appear on 16.10.2025, verification report expected within two weeks, case to be listed fresh on 14.11.2025, and interim direction that no coercive action shall be taken against the applicants till the next date of listing.

Issue for consideration

Whether the impugned charge sheet dated 23.07.2022, the cognizance/summoning order dated 22.11.2023 and the entire proceedings of Criminal Case No.657 of 2023 (arising out of Case Crime No.57 of 2022, under Sections 376(2)(N), 323, 506 IPC, Police Station Quila, District Bareilly) should be quashed in view of the compromise said to have been entered into between the applicants and opposite party no.2.

Court's answer

Office is directed to send the certified copy of the compromise to the court concerned (Additional Chief Judicial Magistrate, Court No.2, Bareilly) for verification, and the applicants and opposite party no.2 are directed to appear before the court concerned on 16.10.2025.

Ratio / Principle

The court concerned (Additional Chief Judicial Magistrate, Court No.2, Bareilly) shall verify the compromise in the presence of both parties and submit a compromise verification report to this Court within two weeks thereafter.

Key takeaways

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¶20
Till the next date of listing, no coercive action shall be taken against the applicants.ratio¶22

Detailed headnote1 paragraphs

Order dated September 22, 2025, passed by Hon'ble Jitendra Kumar Sinha, J. of the High Court of Judicature at Allahabad in Application U/S 528 BNSS No.- 35310 of 2025 (Aalim Husain And 2 Others v. State of U.P. and Another), Court No. 89. The applicants sought quashing of the charge sheet dated 23.07.2022 and the cognizance/summoning order dated 22.11.2023, and of the entire proceedings of Criminal Case No.657 of 2023 (State Vs. Aalim Hussain and others), arising out of Case Crime No.57 of 2022 under Sections 376(2)(N), 323 and 506 IPC, Police Station Quila, District Bareilly, pending before the Additional Chief Judicial Magistrate, Court No.2, Bareilly. Counsel for the applicants contended that the parties had entered into a compromise (copy at page 29 of the memo); that after the FIR a writ petition by applicant no.1 and opposite party no.2 had been disposed of giving interim protection to applicant no.1; and that an earlier Section 482 Cr.P.C. application had been disposed of with direction to file the compromise before the court concerned, a verification of the compromise being sought. Learned counsel for opposite party no.2 and the learned AGA for the State raised no objection. The Court directed the office to transmit the certified copy of the compromise to the court concerned for verification, directed the applicants and opposite party no.2 to appear before it on 16.10.2025, directed verification of the compromise in the presence of both parties and submission of a compromise verification report within two weeks thereafter, permitted a supplementary affidavit on the compromise proceedings within two weeks after verification, listed the case afresh for 14.11.2025, and held that till the next date of listing no coercive action shall be taken against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35310 of 2025

Aalim Husain And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Ehtesham Afsar Khan
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Shri M.Sauood, Advocate has filed Vakalatnama on behalf of opposite party no.2 is taken on record.

Heard Shri Ehtesham Afsar Khan, learned counsel for the applicants, Shri M.Sauood, learned counsel for the opposite party no.2 and Shri B.P. Maurya, learned AGA for the State-opposite party no.1.

This application U/S 528 BNSS has been preferred for quashing of the impugned charge sheet dated 23.07.2022 and impugned cognizance/summoning order dated 22.11.2023 as well as entire proceedings of Criminal Case No.657 of 2023 (State Vs. Aalim Hussain and others), arising out of Case Crime No.57 of 2022, under sections 376(2) (N), 323, 506 of IPC, Police Station Quila, District Bareilly, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Bareilly.

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 is on the record. It is further submitted that after lodging of the first information report, the applicant no.1 and opposite party no.2 had approached this Court by filing writ petition, which was disposed of giving interim protection to the applicant no.1. It is further submitted that the parties have entered into compromise and the copy of the same is at page 29 of the memo of application. It is further submitted that an application U/s 482 Cr.P.C. was filed by the applicants before this Court, which was disposed of with direction to file compromise before the learned Court concerned. He further submits that a direction be issued to the Court concerned to verify the compromise.

NA528 No. 35310 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 Additional Chief Judicial Magistrate, Court No.2, Bareilly, for verification of the same. The applicants and opposite party no.2 are directed to appear before the court concerned on 16.10.2025.

Learned court concerned i.e. learned Additional Chief Judicial Magistrate, Court No.2, Bareilly 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 14.11.2025 as fresh, before the appropriate Bench.

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

September 22, 2025 RKM

(Jitendra Kumar Sinha,J.)

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