MONIS KHAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7577/2025 · 2025-11-17
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199279 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199279 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7577 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. 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. 2. The instant application has been filed with the following prayer:-
"I. Quash impugned summoning order dated 20-10-2023 and Charge-Sheet dated 06- 06-2023 and every proceeding arising out of case No. 115702 of 2023 State of U.P Versus Monis Khan and others in crime No. 077 of 2023 under section 323, 504, 506 I.P.C Police Station- Malihabad District Lucknow against the petitioners pending in the court of Special Chief Judicial Magistrate Custom Lucknow on the basis of settlement for compromise between the petitioners and respondent No.2 contained in Annexure no. 1 and 2 to this petition. II. Quash every proceeding arising out of case No. 115702 of 2023 State of U.P Versus Monis Khan and others in crime No. 077 of 2023 under section 323, 504, 506 I.P.C Police Station- Malihabad District Lucknow against the petitioners pending in the court of Special Chief Judicial Magistrate Custom Lucknow"
3. 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. 4. Whether the parties have, in fact, compromised the matter or not, can Versus Counsel for Applicant(s) : Mohammad Aslam Beg Counsel for Opposite Party(s) : G.A., Abul Qais Monis Khan And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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. 5. 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. 6.
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. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. November 17, 2025 Anurag A482 No. 7577 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench