Mohd. Zilani @ Zilani and 3 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Mohd. Zilani @ Zilani and 3 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 any compromise filed (after issuing notices to all signatories requiring personal presence), liberty to the applicants to approach the Court again for quashing once the compromise is verified, interim protection from coercive action for one month, and return of the original compromise deed to the applicants' counsel after photocopy.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 45 of 2020, arising out of Case Crime No. 85 of 2018, and the chargesheet dated 26.9.2018 should be quashed, in view of the applicants' submission that the parties have amicably compromised their dispute.

Court's answer

Whether the parties have, in fact, compromised the matter can best be ascertained by the trial court concerned, as such compromise has to be duly verified in the presence of the parties concerned before the Court.

Ratio / Principle

The application is disposed of with a direction to the trial court that if the compromise is filed before it, it shall issue notices to all signatories requiring their personal presence and thereafter verify the compromise; if verified, a report shall be prepared and the compromise made part of the record.

Key takeaways

Upon verification of the compromise, the parties may obtain certified copies of the report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶19
For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶20
Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants after taking a photocopy of the same.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. — Application U/S 482 No. 962 of 2026 by Mohd. Zilani @ Zilani and 3 others sought quashing of the entire proceedings of Criminal Case No. 45 of 2020 (State Versus Mohd. Zilani and others), arising out of Case Crime No. 85 of 2018 under Sections 419, 420, 406 and 506 I.P.C. (Police Station Jalalpur, District Ambedkar Nagar), and the chargesheet dated 26.9.2018, on the ground that the parties had amicably compromised their dispute (compromise filed as Annexure No. 4). The Court held that whether the parties have in fact compromised can best be ascertained by the trial court, since the compromise must be duly verified in the presence of the parties before the Court. The application was disposed of with a direction that, if the compromise is filed before the trial court, notices shall issue to all signatories requiring personal presence, the compromise shall be verified, a report prepared and made part of the record; the parties may obtain certified copies and the applicants may approach the Court again for quashing upon verification. No coercive action was to be taken against the applicants for one month, and the Office was directed to return the original compromise deed to the applicants' counsel after photocopy.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 962 of 2026

Mohd. Zilani @ Zilani And 3 Others

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Md. Nizam Ahmad, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

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

"To quash the entire proceedings of Criminal Case No.45 of 2020 (State Versus Mohd. Zilani and others), arising out of Case Crime No.85 of 2018, under sections419, 420, 406 and 506 I.P.C., relating to the Police Station-Jalalpur, DistrictAmbedkar Nagar, pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned chargesheet dated 26.9.2018, submitted against the petitioners, under sections-419, 420, 406, 506 I.P.C., by the Investigating Officer in aforesaid case crime."

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.

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.

A482 No. 962 of 2026

2

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.

(Rajeev Singh,J.)

February 4, 2026

Arpan

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