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Allahabad High Court

CHANDO AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court declined to quash the proceedings and directed verification of the compromise by the trial court before any further order.

Summary

The applicants filed an application under Section 482 of the CrPC seeking to quash the criminal proceedings (Complaint No. 6908200 of 2018) arising under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. They claimed that the parties had amicably settled the dispute by a compromise dated 12‑08‑2025 and argued that continuation of the case would be an abuse of process. The State opposed, contending that the trial court must first verify the existence and terms of the compromise before any quash order can be entertained. The High Court, without expressing any view on the merits, directed the parties to appear before the trial court with the certified compromise deed for verification and ordered that no coercive action be taken pending that verification. The Court further indicated that the applicants could approach it again after the trial court’s verification for a possible quash order. The application was therefore disposed of.

Issues considered

  • Whether the High Court can quash criminal proceedings on the ground of a compromise between the parties.
  • Whether the trial court must first verify the existence and terms of the compromise before the High Court can entertain a quash application.
  • Whether the continuation of the criminal case constitutes an abuse of process of law.

Legislation cited

Subjects

  • compromise deed
  • quash of criminal proceedings
  • Section 482 CrPC
  • abuse of process
  • verification of compromise
  • high court jurisdiction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 482 No. - 31202 of 2019

Chando And Another
                                                            .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Anurudh Kumar Prajapati, Vinay
                                Kumar Srivastava
Counsel for Opposite Party(s) : Bhawesh Pratap Singh, G.A., Umesh
                                Kumar

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Vinay Kumar Srivastava, learned counsel for the applicants,
Mr. Umesh Kumar, learned counsel for the opposite party No.2, learned
A.G.A. for the State and perused the record.

2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash the summoning order dated
26.04.2019 with entire criminal proceeding of the Complaint Case No.
6908200 of 2018 (Smt. Farzana v. Chando and Others) summoned under
Section 498A, 323, 504, 506 IPC read with under Section 3/4 D.P. Act,
Police Sthation-Shahganj, District-Agra.

3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 12.08.2025, which has been
placed as "Annexure No.-SA-1" to the supplementary affidavit. Therefore,
no useful purpose would be served in continuing the proceedings before the
Court concerned and the same is not only sheer wastage of time of the Court
but also abuse of process of law.

4. Learned A.G.A., however, submits that it is the Trial Court, which has to
verify the fact as to whether the parties have entered into compromise, hence
the applicants may approach the concerned Court and move an application
with respect to compromise between the parties, which will be decided in
accordance with law.
                                                                                               A482 No. 31202 of 2019
                                                                      2


                                    5. In view of above, without expressing any opinion on the merits of the
                                    case, the applicants and opposite party No. 2 are directed to appear before
                                    the Trial Court along with compromise deed as well certified copy of this
                                    order within three weeks from today. It is expected that Court concerned
                                    may fix a date for the verification of the compromise and after ensuring the
                                    presence of the parties, pass an appropriate order with respect to the same in
                                    accordance with law, as expeditiously as possible, after giving opportunity
                                    of hearing to both the parties, preferably within a period of three months
                                    from the date of production of a certified copy of this order, if there is no
                                    other legal impediment. While passing the order verifying the compromise,
                                    the Court concerned shall also record the statements of the parties as to
                                    whether all the terms and conditions mentioned in the original compromise
                                    deed, so filed, have been fulfilled or not.

                                    6. The Court in that scenario will allow the parties to obtain certified copy of
                                    the report as well as compromise and it will be open to the applicants to
                                    approach this Court again for quashing of the proceedings.

                                    7. Till verification of compromise between the parties by the Court
                                    concerned, no coercive action shall be taken against the applicants in the
                                    aforesaid case.

                                    8. With the aforesaid directions, this application is disposed of.


                                                                                        (Nand Prabha Shukla,J.)
                                    May 12, 2026
                                    Aditya Tripathi




Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad


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