Allahabad High Court

MITHUN @ ANUJ JAISWAL AND 2 OTHERSversusSTATE OF U.P. THRU. PRIN. SECY. HOME LUCKNOW AND 2 OTHERS

Decided: 5 January 2026
Disposal: Disposed off/Decided on merits
Bench: BRIJ RAJ SINGH

Holding

A compromise in a criminal proceeding must be verified by the trial court in the presence of the parties before any order of quash can be granted.

Summary

The applicants filed an application under Section 482 CrPC seeking to quash criminal proceedings (CrPC Case No. 146078 of 2022) arising from offences under Sections 323, 504, 506 and 308 IPC. They claimed that the dispute had been amicably settled by a compromise deed dated 17‑11‑2025 and therefore the case should be disposed of in accordance with that compromise. The High Court held that the existence and validity of the compromise must be verified by the trial court in the presence of the parties before any order of quash can be entertained. Consequently, the application was disposed of with directions for the parties to appear before the trial court on 15‑01‑2026, file a compromise application, and for the trial court to verify the compromise within six weeks. The Court also ordered a three‑month stay on any coercive action against the applicants and directed the return of the original compromise deed after a photocopy is retained on record.

Issues considered

Whether a compromise deed filed by the parties can be the basis for quashing pending criminal proceedings under Section 482 CrPC.
Whether the High Court can verify the compromise and grant quash without the trial court’s verification.
Whether a stay of coercive action against the applicants is warranted pending verification of the compromise.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 308, 323, 504, 506

Subjects

compromise deed
criminal procedure
quash of proceedings
Section 482 CrPC
stay of coercive action
verification of compromise

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 10194 of 2025

Mithun @ Anuj Jaiswal And 2 Others
.....Applicant(s)
Versus

State Of U.P. Thru. Prin. Secy. Home Lucknow
And 2 Others .....Opposite
Party(s)

Counsel for Applicant(s) : Amit Mishra, Sudhir Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 16
HON'BLE BRIJ RAJ SINGH, J.

1. Heard learned counsel for the applicant(s), learned A.G.A. for the
State-opposite party no.1 and Sri Jag Jewan Prasad, learned counsel, who
has filed power on behalf of opposite party nos.2 and 3, which is taken on
record.

2. On the oral prayer of counsel for the applicants, he is permitted to
amend the prayer clause during the course of the day.

3. The present application has been filed seeking quashing of the entire
proceedings of Criminal Case No.146078 of 2022, arising out of Case
Crime No.0198 of 2022, under Sections 323, 504, 506 and 308 IPC,
Police Station Thakurganj, District Lucknow, pending in the court of
Additional District Judge, Room No.12, Lucknow.

4. Learned counsel for both the parties submit that parties have amicably
settled their dispute outside the Court by way of compromise and the
original compromise deed dated 17.11.2025 filed as Annexure-3 to the
application, therefore, the aforesaid case may be decided in terms of the
compromise arrived at between the parties.

5. Whether the parties have, in fact, compromised the matter or not, can
best be ascertained by the trial court, as such compromise has to be duly
verified in presence of the parties before the court concerned.

6. Accordingly, the present application is disposed of with a direction to
A482 No. 10194 of 2025
2

both the parties to appear before the court concerned on 15.01.2026 and
file their comprise application. If such compromise application is filed,
the court concerned shall issue notices to all the signatories to the
compromise requiring their personal presence and, thereafter, proceed to
verify the compromise within six weeks from that date. If the aforesaid
compromise is verified, a report to that effect shall be prepared by the
court making compromise to be part of the record and a report to that
effect shall also be send to this Court whether the said compromise took
place or not. The court concerned will allow the parties to obtain certified
copy of the report as well as compromise. It will also be open to the
applicant to approach this Court again for quashing of the proceedings.

7. For a period of three months, 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 counsel
for the applicant(s) after retaining a photocopy of the same on record.

(Brij Raj Singh,J.)
January 5, 2026
Rao/-

Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench

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