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Allahabad High Court

PRADEEP KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court disposed of the Section 482 application, directing the parties to approach the trial court for a verified compromise deed and thereafter file a joint application to quash the criminal proceedings.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the summons and the entire criminal proceeding (Case No. 28190 of 2017) involving offences under Sections 498A, 323, 504, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The State, represented by the Attorney General, did not contest the factual submissions and indicated no objection to a settlement, provided the parties approach the trial court to file a compromise deed. The High Court held that the trial court is the appropriate forum to determine whether a valid compromise exists and directed the parties to file a fresh, verified compromise deed within 30 days. If a compromise is filed, the trial court proceedings will be stayed for two months; otherwise the trial will continue. After verification of the compromise, the parties may jointly invoke the Court’s inherent powers to seek quash of the criminal case. Consequently, the application under Section 482 was disposed of, pending the compromise process.

Issues considered

  • Whether the High Court can quash the criminal proceedings under Section 482 Cr.P.C. at the present stage.
  • Whether the parties may settle the dispute through a compromise deed and what procedural steps are required.

Legislation cited

Subjects

  • Section 482
  • quash of criminal proceedings
  • compromise deed
  • trial court jurisdiction
  • Dowry Prohibition Act
  • IPC offences
  • abeyance of trial

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 482 No. - 27255 of 2019

Pradeep Kumar And 2 Others
                                                              .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Bed Kant Mishra, Mahendra Pratap
                                Singh, Ravi Chandra Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 83
                  HON'BLE CHAWAN PRAKASH, J.

1. Supplementary affidavit filed today, is taken on record.

2. Heard Sri Mahendra Pratap Singh, learned counsel for the applicants
and learned A.G.A. for the State and perused the record.

3. The present application under Section 482 Cr.P.C. has been filed by the
applicants with a prayer to quash the summoning order dated 10.12.2018
and entire proceeding of Case No.28190 of 2017 (Smt. Ankita Vs.
Pradeep and others), under Sections 498A, 323, 504, 506, I.P.C. and
Section 3/4 D.P. Act, P.S. Naubasta, District Kanpur Nagar.

4. Learned A.G.A. does not dispute the correctness of the submission
made by learned counsel for the applicants or the correctness of the
documents relied upon by him. He submit that he has no objection, if the
parties approach trial court to file compromise deed 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 and file a fresh compromise deed entered into between the
parties within 30 days, which shall be verified by the trial court. The trial
court shall place the original compromise deed in its record.

6. No compromise shall be entertained by the trial court if the
informant/victim and accused are not signatories and appear before the
                                                                                              A482 No. 27255 of 2019
                                                                    2


                                    court of its verification. In case of exigency, the trial court shall apply its
                                    mind and pass appropriate order.

                                    7. 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 in
                                    accordance with law.

                                    8. All the parties, who files compromise deed and get it verified shall then
                                    file a joint application invoking inherent power of this Court to quash the
                                    criminal proceeding.

                                    9. In view of above, the application under Section 482 Cr.P.C. is
                                    accordingly disposed of.



                                                                                           (Chawan Prakash,J.)
                                    September 16, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad


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