Allahabad High Court
TARUN @ GOPAL AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that the determination of a compromise and its verification must be made by the trial court, and therefore a Section 482 application to quash the criminal proceeding cannot be entertained at this stage.
Summary
The applicants filed a Section 482 Cr.P.C. application seeking to quash a criminal case (Case No. 03 of 2019) involving allegations under IPC sections 498‑A, 323, 504, 506 and the Dowry Prohibition Act. They claimed they were falsely implicated and that the dispute had been amicably settled, requesting the court to dismiss the proceedings. The State’s Additional Government Advocate expressed no objection if the parties approached the trial court to record a compromise. The High Court held that the question of whether a compromise exists must be decided by the trial court, which may verify the compromise deed within a stipulated period. Consequently, the court directed the parties to file the compromise before the trial court and dismissed the Section 482 application, ordering it to be disposed of. The application was therefore disposed without quashing the criminal proceeding.
Issues considered
- Can a criminal proceeding under IPC sections 498‑A, 323, 504, 506 and the Dowry Prohibition Act be quashed under Section 482 Cr.P.C. on the ground of compromise?
- Does the trial court have jurisdiction to entertain and verify a compromise between the parties in such a case?
- Is the High Court empowered to quash the proceeding before the trial court has examined the compromise?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- Section 482 Cr.P.C.
- quash of criminal proceedings
- compromise
- trial court jurisdiction
- Inherent powers of court
- Dowry Prohibition Act
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 15206 of 2019
Tarun @ Gopal And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivanand Mishra
Counsel for Opposite Party(s) : G.A., Vijay Shankar Shukla
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Shivanand Mishra, learned Counsel for the applicants, Mr.
Vijay Shankar Shukla, learned Counsel for opposite party no.2 and learned
A.G.A.for the State.
2. The present application has been filed under Section 482 Cr.P.C. by the
applicants with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to allow this application and to quash the entire proceeding of Case No. 03 of
2019 (State Versus Tarun @ Gopal and others) arising out of Case Crime No. 0016 of
2018, under sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act
Police Station Mahila Thana, District Auraiya pending before Additional Chief
Judicial Magistrate (Civil Judge Senior Division) Auraiya."
3. Learned Counsel for applicants submits that the applicants are innocent
and have been falsely implicated in this case. Learned counsel for the
applicants further submits that parties have amicably resolved their personal
dispute, therefore, opposite party no.2 does not want to get adjudication of
alleged criminal act and prayed that the aforesaid criminal case may be
quashed in pursuance to compromise.
4. Learned A.G.A. for the State submits no objection if the parties approach
Trial Court to file compromise in the given circumstances.
5. Whether the parties have entered into compromise, can best be
adjudicated by the Trial Court. As such, the parties may appear before
the Trial Court concerned and file the compromise entered into between the
A482 No. 15206 of 2019
2
parties within 30 days, which shall be verified by the Trial Court.
6. Let the original compromise deed annexed with this application be
returned to the learned Counsel for the applicants upon retaining a photostat
copy of the same duly attested by the learned Counsel.
7. No compromise shall be entertained by the Trial Court if the
informant/victim/injured and accused are not signatories and appear before
the Court of its verification. In case of exigency, the Trial Court shall apply
its mind and pass appropriate order.
8. For a period of two months, the proceedings of the Trial Court shall be
kept in abeyance, if the compromise is filed and verified within stipulated
period, otherwise, the Trial Court shall continue with the trial.
9. All the parties, who files compromise and get it verified, shall then file a
joint application invoking inherent power of this Court to quash the criminal
proceeding.
10. In view of above, the application under Section 528 B.N.S.S. is,
accordingly, disposed of.
September 23, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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