Mohammad Wali @ Babu and 2 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Mohammad Wali @ Babu and 2 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with direction to the trial court to verify the claimed compromise (notice to signatories, report, compromise made part of record); liberty to applicants to approach the Court again for quashing if the compromise is verified; no coercive action against applicants for one month; office to return original compromise deed after photocopy.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 2066 of 2022, the summoning order dated 13.1.2022 and the charge sheet dated 20.9.2021 should be quashed so far as they relate to the applicants. +1 more

Court's answer

Upon verification of the compromise, the parties may obtain certified copies of the report and compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.

Ratio / Principle

Verification of the alleged compromise is for the trial court; if the compromise is filed before it, the trial court shall issue notices to all signatories requiring personal presence, verify the compromise, prepare a report and make the compromise part of the record.

Key takeaways

As an interim measure, no coercive action shall be taken against the applicants in the aforesaid case for a period of one month.ratio¶20
Office is directed to return the original compromise deed, if any, to learned counsel for the applicants after taking its photocopy.ratio¶21

Detailed headnote1 paragraphs

Application U/S 482 No. 3116 of 2026, High Court of Judicature at Allahabad (Lucknow Bench), Manish Mathur, J., decided April 20, 2026: Applicants sought quashing of Criminal Case No. 2066 of 2022 (arising out of Case Crime No. 130 of 2021 under Sections 323/506 I.P.C., P.S. Tal Katora, District Lucknow), the summoning order dated 13.1.2022 and charge sheet dated 20.9.2021, on the ground that the parties had amicably compromised the dispute, the compromise being filed as Annexure No.4. Held: whether the parties have in fact compromised can best be ascertained by the trial court, as the compromise must be duly verified in presence of the parties. Application disposed of with direction that if the compromise is filed before the trial court, it shall issue notices to all signatories for personal presence, verify the compromise, prepare a report and make the compromise part of the record; parties may obtain certified copies and the applicants may approach the Court again for quashing. No coercive action against the applicants for one month; office to return the original compromise deed after photocopy.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3116 of 2026

Mohammad Wali @ Babu And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Anil Kumar Akela, Pushpendra Singh, Rahul Gautam Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE MANISH MATHUR, J.

Heard learned counsel for applicants and learned Additional Government Advocate for respondent No.1- State while power on behalf of respondent No.2 has been filed by Mr. Sagun Chandra Rastogi Advocate and Juli Rastogi Advocate which are taken on record.

The instant application has been filed with the following prayer:-

"To quash the entire proceedings of the Criminal Case No. 2066 of 2022 "State Versus Mohammad Wali alias Babu and others" arising out of Case Crime No. 130 of 2021 Under Sections 323/506 I.P.C. Police Station-Tal Katora, DistrictLucknow pending in the Court of Additional Chief Judicial Magistrate, IIIrd, Lucknow as well as impugned summoning order dated 13.1.2022 and impugned charge sheet dated 20.9.2021 contained in Annexure No.1 and 2 to the accompanying affidavit so far it relates to the petitioners, in the interest of justice."

Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

A482 No. 3116 of 2026

2

Learned counsel for respondent No.2 admits the factum of compromise.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned 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 trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

The court concerned 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, no coercive action shall be taken against the applicants in the aforesaid case.

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

(Manish Mathur,J.)

April 20, 2026 prabhat

Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench