Allahabad High Court

VIJAY AND 2 ORSversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: NAND PRABHA SHUKLA

Holding

The High Court held that the trial court must first verify the compromise before any order to quash the criminal proceedings can be entertained.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Complaint Case No. 23372 of 2018) filed under IPC sections 498A, 323, 504 and 506. They asserted that the parties had amicably settled the dispute by a compromise dated 2 August 2025 and submitted the compromise deed as annexure. The State opposed, contending that the trial court alone must verify the existence and terms of any compromise before any order can be passed. 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, after which the trial court may pass an appropriate order. The Court further ordered that no coercive action be taken against the applicants until the compromise is verified and that the application is disposed of, leaving open the possibility of a fresh application for quash after verification.

Issues considered

Whether a High Court can quash pending criminal proceedings on the basis of a compromise between the parties under Section 482 CrPC.
Whether verification of a compromise deed is within the jurisdiction of the trial court before any quash order can be entertained.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

compromise
criminal procedure
quash of proceedings
Section 482 CrPC
IPC 498A
abuse of process
verification of compromise

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 40595 of 2019

Vijay And 2 Ors
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Manish Chand Umrao
Counsel for Opposite Party(s) : Dipak Srivastava, G.A.

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

1. Heard Mr. Manish Chand Umrao, learned counsel for the applicants,
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 proceedings of
Complaint Case No. 23372 of 2018 under Sections 498A, 323, 504, 506
IPC, Police Station-Nazeerabad, District-Kanpur Nagar presently before the
Court of Judicial Magistrate-8, Kanpur Nagar.

3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 02.08.2025, which has been
placed as "Annexure No.-SA-1" to the supplementary affidavit dated
09.04.2026. 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.

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
A482 No. 40595 of 2019
2

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 5, 2026
Aditya Tripathi

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

Continue reading with your account

Checking your session…