Allahabad High Court
ANJU SINGH AND ANOTHERversusSTATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- BRIJ RAJ SINGH
Holding
The High Court declined to quash the criminal proceedings and directed that the alleged compromise be verified by the trial court before any further relief is granted.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 28744 of 2020) arising from alleged offences under Sections 406, 420 and 467 of the IPC. They claimed that the dispute had been amicably settled by a compromise deed dated 03‑12‑2025 and that the case should be disposed in accordance with that settlement. The Court held that the existence and validity of a compromise must be verified by the trial court in the presence of the parties, and therefore it could not itself quash the proceedings. Accordingly, the High Court directed the parties to appear before the trial court on 15‑01‑2026, file a compromise application, and have the compromise verified within six weeks, after which a report should be sent to the High Court. The Court also ordered that no coercive action be taken against the applicants for three months and that the original compromise deed be returned to the applicants' counsel after a photocopy is retained on record.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 482 CrPC on the basis of an alleged compromise between the parties.
- Whether verification of a compromise deed in a criminal case is within the jurisdiction of the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 406, 420, 467
Subjects
- Section 482 CrPC
- compromise deed
- quash of criminal proceedings
- verification of settlement
- coercive action
- criminal case
- settlement of dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 10629 of 2025
Anju Singh And Another
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Singh, Manoj Singh
Kushwah
Counsel for Opposite Party(s) : G.A., Pranshu Agrawal
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 Pranshu Agarwal, learned counsel, who
has filed power on behalf of opposite party no.2, which is taken on record.
2. The present application has been filed seeking quashing of the entire
proceedings of Criminal Case No.28744 of 2020, arising out of Case
Crime No.06 of 2020, under Sections 406, 420 and 467 IPC, Police
Station Aliganj, District Lucknow, pending in the court of Additional
Chief Judicial Magistrate-II, Lucknow.
3. 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 03.12.2025 filed as Annexure-4 to the
application, therefore, the aforesaid case may be decided in terms of the
compromise arrived at between the parties.
4. 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.
5. Accordingly, the present application is disposed of with a direction to
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
A482 No. 10629 of 2025
2
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.
6. For a period of three months, no coercive action shall be taken against
the applicants in the aforesaid case.
7 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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