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Allahabad High Court

ANSHUL VERMA @ ASHISH VERMA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that it will not quash the proceedings at this stage and directed verification of the compromise by the trial court.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash criminal proceedings (Complaint No. 428 of 2018) arising under IPC sections 498A, 323, 504, 506 and Sections 3 and 4 of the Domestic Violence Act. They claimed that the parties had amicably settled the dispute by a compromise dated 06‑01‑2026 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 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 for quashing after the trial court’s verification. The application was consequently disposed.

Issues considered

  • Whether a criminal proceeding can be quashed on the basis of a compromise between the parties under Section 482 CrPC.
  • Whether the trial court must first verify the compromise before the High Court can entertain a quash application.

Legislation cited

Subjects

  • compromise
  • quash
  • Section 482 CrPC
  • abuse of process
  • verification
  • trial court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 482 No. - 33683 of 2019

Anshul Verma @ Ashish Verma And Another
                                                            .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Qazi Vakil Ahmad
Counsel for Opposite Party(s) : G.A., Ramesh Chandra Gupta 2, Shazia
                                Parveen

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

1. Heard Mr. Qazi Vakil Ahmad, learned counsel for the applicants, Ms.
Shazia Parveen, 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 entire proceeding of
Complaint Case No. 428 of 2018 (Vandana Soni v. Anshul Verma @ Ashish
Verma and another) under Sections 498A, 323, 504, 506 IPC and 3/4 D.P.
Act, Police Station-Kotwali, District-Fatehpur as well as summoning order
dated 15.12.2018 passed by learned Court of ACJM/Court No. 11, Fatehpur.

3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 06.01.2026, which has been
placed as "Annexure No.-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. 33683 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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