Saleem Khan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Saleem Khan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: proceedings of Case No.3841 of 2020 before the trial court stayed till the next date of listing (10.11.2025); parties directed to appear before the trial court on 15.10.2025 with the compromise bearing signatures and photographs; trial court to record satisfaction as to genuineness, verify and report to this Court; applicant to file verification order and certified compromise within two weeks of verification. Final decision on quashing deferred.

Issue for consideration

Whether the entire proceedings of Case No.3841 of 2020 (arising out of Case Crime No.1730 of 2012, under Sections 279, 337, 338 and 304-A IPC, P.S. Kotwali Orai, District Jalaun), pending before the Additional Chief Judicial Magistrate, Jalaun at Orai, may be quashed on the basis of a compromise reached between the parties, subject to trial-court verification of the genuineness of the compromise.

Court's answer

The Court directed that the parties shall appear before the trial court concerned on 15.10.2025 and file a compromise bearing the signatures and photographs of the parties.

Ratio / Principle

The trial court shall record its satisfaction regarding the genuineness of the compromise in the presence of the parties, thereafter may verify the same, and submit a report to this Court.

Key takeaways

The applicant is to file a copy of the verification order alongwith a certified copy of the compromise within two weeks after its verification, through supplementary affidavit, for necessary action.ratio¶15
Till the next date of listing (fixed as 10.11.2025), the proceedings before the trial court in the aforesaid case shall remain stayed.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Ram Manohar Narayan Mishra, J.), Court No. 92 — Application u/s 528 BNSS No. 9275 of 2025 by Saleem Khan praying to quash the entire proceedings of Case No.3841 of 2020, arising out of Case Crime No.1730 of 2012, under Sections 279, 337, 338 and 304-A IPC, P.S. Kotwali Orai, District Jalaun, pending before the Additional Chief Judicial Magistrate, Jalaun at Orai, on the ground that the parties have compromised the dispute (copy filed as Annexure No.7); offence stated to be magistrate-triable with maximum two years' imprisonment. Counsel for respondent No.2 and the learned A.G.A. raised no objection. The Court did not finally decide the quashing prayer but directed: parties to appear before the trial court on 15.10.2025 and file the compromise bearing signatures and photographs; trial court to record satisfaction as to genuineness in the parties' presence, verify the compromise and submit a report; applicant to file the verification order with a certified copy of the compromise within two weeks of verification through supplementary affidavit; and, meanwhile, the trial-court proceedings to remain stayed till the next listing on 10.11.2025. Decided September 25, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9275 of 2025

Saleem Khan

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Laxmi Narayan Rathour
Counsel for Opposite Party(s) :	Sanjeev Kumar, G.A.

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the applicant, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.

Instant application under Section 528 BNSS, has been filed by the applicant with prayer to quash the entire proceedings of Case No.3841 of 2020, arising out of Case Crime No.1730 of 2012, under Sections 279, 337, 338 and 304-A IPC P.S. Kotwali Orai, District Jalaun, pending in the court of learned Additional Chief Judicial Magistrate, Jalaun at Orai.

Learned counsel for the applicant submits that the offence is triable by a Magistrate, and punishable with maximum terms of two years imprisonment. The parties have entered into compromise on intervention of some respectable and well wishers persons, no dispute remains between them, after they have reached the compromise. A copy of compromise has been filed as Annexure No.7 to the affidavit in the present case. Therefore, it is prayed that necessary directions may be issued to the parties and court concerned for verification of compromise.

Learned counsel for the respondent No.2 and learned A.G.A. raised no objection to the aforesaid prayer of the counsel for the applicant.

In view of the above, it is directed that parties shall appear before the court concerned on 15.10.2025 and file a compromise bearing signatures and photographs of the parties. The learned trial court concerned shall

NA528 No. 9275 of 2025

2

record its satisfaction regarding genuineness of the compromise in presence of parties and thereafter may verify the same, and submit a report to this Court. Copy of the verification order alongwith certified copy of the compromise will be filed by the applicant within two weeks' after its verification, through supplementary affidavit for necessary action.

List this case on 10.11.2025.

Till the next date of listing, the proceedings before the trial court shall remain stayed with regard to aforesaid case.

(Ram Manohar Narayan Mishra,J.)

September 25, 2025 Ashish/-

Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad