Allahabad High Court
KAMLESH VERMA AND 3 OTHERSversusState of UP AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The complaint was quashed because the parties had freely entered into a verified compromise, and the High Court exercised its inherent powers under Section 482 CrPC to dismiss the proceedings.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash Complaint Case No. 661 of 2022 (Gauri Shankar v. Kamlesh Verma and others), which alleged an offence under Section 392 of the IPC. The parties had entered into a compromise deed, which was submitted to the court and later verified by the trial court in the presence of both parties. The High Court examined whether the settlement was voluntary and free of coercion, and found it to be so. Relying on Supreme Court precedents that allow quashing of criminal proceedings when the parties have settled their disputes, the Court held that there was no longer any basis to continue the complaint. Consequently, the application was allowed and the criminal complaint was quashed.
Issues considered
- Whether a criminal complaint under Section 392 IPC can be quashed on the basis of a voluntary compromise between the parties under Section 482 CrPC.
- Whether the verification of the compromise deed by the trial court satisfies the requirement of free will and absence of coercion.
Legislation cited
Subjects
- settlement
- compromise
- quash criminal proceedings
- Section 482 CrPC
- Section 392 IPC
- high court
- verification of compromise
- coercion
- undue influence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 27587 of 2024
Kamlesh Verma And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Fakhruzzaman
Counsel for Opposite Party(s) : B.N.Singh, G.A., Santosh Kumar Singh
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Case called out in the revised list. No one has appeared on behalf of
opposite party No.2 even in revised call.
2. Heard Sri Fakhruzzaman, learned counsel for the applicants, learned
A.G.A. for the State and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed for
quashing the entire proceedings of Complaint Case No. 661 of 2022
(Gauri Shankar Vs. Kamlesh Varma and others), under Section 392
I.P.C., Police Station Aata, District Jalaun, pending in the Court of
Additional Session Judge/Special Judge (D.A.A.), Jalaun at Orai.
4. Learned counsel for applicants before this Court had made a request
that parties have entered into a compromise in this matter and have settled
all the disputes between them and now they do not want to proceed with
this matter. A certified copy of compromise deed is annexed as Annexure
SA-1 to the supplementary affidavit.
5. Learned counsel for the applicants has submitted before this Court that
the compromise entered into between the parties has been made without
any coercion or undue influence upon the complainant of this case and is
a result of free will and consent of the parties.
6. A coordinate Bench of this Court vide order dated 19.02.2025 directed
the learned trial court to verify the compromise deed in presence of both
the parties and in compliance of the orders dated 19.02.2025 passed by
A482 No. 27587 of 2024
2
this Court, learned trial court submitted its verification report dated
12.3.2025 to this Court.
7. It appears from perusal of the record that the compromise between the
parties is the result of free will and consent of the complainant-opposite
party no. 2 without any coercion or undue influence.
8. In view of that, this Court finds that since the parties have entered into
compromise which has already been verified by the trial court, now
nothing rests in this matter to continue.
9. The law with regards to quashing of a case on the basis of settlement
arrived between the parties, is well settled. The Apex Court in the cases of
(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
(2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC
278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and
others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that
the cases in which the parties have settled their grievances can be
quashed.
10. The law is well-settled by the Apex Court on the subject matter, the
present case is a good case for exercising powers by this Court to quash
the Complaint Case No. 661 of 2022 (Gauri Shankar Vs. Kamlesh Varma
and others), under Section 392 I.P.C., Police Station Aata, District Jalaun,
pending in the Court of Additional Session Judge/Special Judge (D.A.A.),
Jalaun at Orai.
11. Accordingly, the present application is allowed.
12. Hence, the Complaint Case No. 661 of 2022 (Gauri Shankar Vs.
Kamlesh Varma and others), under Section 392 I.P.C., Police Station
Aata, District Jalaun is, hereby, quashed in terms of the compromise.
(Chawan Prakash,J.)
February 20, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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