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Allahabad High Court

ABHISHEK SHUKLA AND ANOTHERversusSTATE 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 verification of the compromise deed and thereafter jointly seek quash of the criminal proceeding.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the summoning order and the entire criminal proceeding (Complaint Case No. 445 of 2014) arising under Sections 386 and 506 of the Indian Penal Code. The applicants claimed that they had reached an amicable compromise with the opposite party and wished to have the dispute settled outside court. Both the State and the opposite party did not contest the existence of the compromise and agreed that the parties could approach the trial court to file and verify a compromise deed. The High Court held that the trial court is the appropriate forum to determine the validity of the compromise, to place the deed on record, and to stay the trial for two months pending verification. After verification, the parties may jointly invoke the Court's inherent powers to have the criminal proceeding quashed. Accordingly, the High Court disposed of the Section 482 application, directing the parties to follow the prescribed procedure.

Issues considered

  • Whether a criminal proceeding can be quashed under Section 482 Cr.P.C. when the parties have reached a compromise.
  • Whether the trial court, and not the High Court, should adjudicate the validity of the compromise and verify the deed.

Legislation cited

Subjects

  • compromise
  • quash criminal proceeding
  • Section 482 Cr.P.C.
  • Indian Penal Code
  • trial court verification
  • inherent powers
  • abeyance of trial

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                  APPLICATION U/S 482 No. - 41838 of 2019

Abhishek Shukla And Another
                                                            .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)      : Anil Kumar Mishra
Counsel for Opposite Party(s) : Ashok Kumar Singh, G.A., Rajshekhar
                                Pandey

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

1. Heard Sri Anil Kumar Mishra, learned counsel for the applicants, Sri
Arvind Kumar, Advocate holding brief of Sri Ashok Kumar Singh,
learned counsel for opposite party No.2, learned A.G.A. for the State and
perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the
applicants with a prayer to quash the summoning order dated 1.8.2019
and entire proceeding of Complaint Case No.445 of 2014 (Rahul
Srivastava Vs. Abhishek Shukla and Anr.) under Sections 386, 506 I.P.C.,
P.S. Lanka, District Varanasi.

3. Learned counsel for the applicant submits that the applicant and
opposite party no. 2 have entered into a compromise and they have
amicably settled their dispute outside the court and no dispute is pending
between them, therefore, do not want to get adjudication of alleged
criminal act and prayed that the aforesaid criminal case may be quashed.
He further submits that the applicant shall file compromise deed before
the learned trial court for verification.

4. Learned A.G.A. for the State as well as learned counsel for opposite
party No.2 do not dispute the correctness of the submission made by
learned counsel for the applicant or the correctness of the documents
relied upon by him. They submit that opposite party no. 2 have no
objection, if the parties approach trial court to file compromise deed in the
                                                                                              A482 No. 41838 of 2019
                                                                    2


                                    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
                                    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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