Allahabad High Court
Yakub Ali vs State Of U.P. And Another on 22 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:169961
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 37924 of 2018
Yakub Ali
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ajay Pandey, Ankur Singh Kushwaha, Dharmendra Singhal(Senior Adv.)
Counsel for Opposite Party(s)
:
G.A., Praveen Singh
Court No. - 75
HON'BLE VIKAS BUDHWAR, J.
1. Heard Shri Ajay Pandey, learned counsel for the applicant and Sri S.P. Singh, learned State Law Officer for the State as well as Shri Praveen Singh, counsel for the opposite party no. 2 .
2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of the order dated 27.09.2018 passed by Additional Sessions Judge (6th), Muzaffar Nagar in Criminal Revision No. 152 of 2018 as well as summoning order dated 18.05.2018 passed by Additional Chief Judicial Magistrate, Court No. 2, Muzaffar Nagar in Complaint Case No. 251/9 of 2018 (Rajpal Tyagi V. Yakub Ali) under Sections 363, 511 I.P.C. Police Station Charthwal, District Muzaffarnagar.
3. This Court on 16.11.2018 proceeded to pass the following orders:
"Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. in opposition and perused the record.
Learned counsel for the applicant contended that on the information of applicant Yakub Ali, FIR has been lodged against opposite party No. 2 Rajpal Tyagi, his son Priyanshu and one unknown person in which Priyanshu was arrested by police. Opposite party No. 2 has filed this complaint maliciously with false allegation, stating the same occurrence.
Matter requires consideration.
Learned A.G.A. has already received notice on behalf of the State (opposite party no. 1).
Issue notice to opposite party no. 2 (Rajpal Tyagi), returnable at an early date.
Counter affidavit may be filed by learned A.G.A. as well as Opposite party 2 (Rajpal Tyagi) within two weeks'. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within one week thereafter.
List on 03.01.2019.
Till the next date of listing, proceedings in the Complaint Case No. 251/9 of 2018 (Rajpal Tyagi V. Yakub Ali) under Sections 363, 511 I.P.C. Police Station Charthwal, District Muzaffarnagar, shall remain stayed."
4. Learned counsel for the applicant has invited attention of the court towards supplementary affidavit dated 03.07.2024 so as to contend that the parties have themselves compromised out of the Court on 16.03.2024 (Annexure-SA-1 at page 6) and onwards reference whereof has been made in paragraph no. 3 of the application. Learned counsel for the applicant has submitted that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, protection be accorded.
5. Learned AGA on the other hand submits that he has no objection to the same.
6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to approach the court below while filing the original copy of the compromise application, supplementary affidavit and a self-attested copy of the present application and certified copy of the order passed today by 16.10.2025.
7. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.
8. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of the summoning order dated 18.05.2018 passed by Additional Chief Judicial Magistrate, Court No. 2, Muzaffar Nagar in Complaint Case No. 251/9 of 2018 (Rajpal Tyagi V. Yakub Ali) under Sections 363, 511 I.P.C. Police Station Charthwal, District Muzaffarnagar.
9. In the event of default of any of the conditions by the applicant as referred to above, the protection shall stand vacated without reference to the Bench.
10. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application.
(Vikas Budhwar,J.) September 22, 2025 A. Prajapati