Allahabad High Court
MOHD. ASIF AND 2 OTHERSversusSTATE OF U.P.AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court disposed of the Section 482 application, directing the parties to approach the trial court for filing and verification of a compromise deed before any quash order can be considered.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 8 May 2019 and the cognizance order dated 17 September 2019 in a criminal case involving offences under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. The State’s Additional Government Advocate did not contest the factual submissions but suggested that the parties could approach the trial court to file and verify a compromise deed. The High Court held that the question of whether a compromise exists is for the trial court, directing the parties to file the deed within 30 days and, if verified, to seek a joint application invoking the Court’s inherent powers to quash the proceedings. The Court further stipulated that if a compromise is filed, the trial proceedings would be stayed for two months; otherwise, the trial would continue. Consequently, the application under Section 482 was disposed of without granting the relief sought.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. when the parties may reach a compromise.
- Whether the trial court has jurisdiction to determine the existence and validity of a compromise deed in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1986 — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- criminal procedure
- quash of charge sheet
- Section 482 Cr.P.C.
- compromise deed
- trial court jurisdiction
- inherent powers of court
- abeyance of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 44265 of 2019
Mohd. Asif And 2 Others
.....Applicant(s)
Versus
State Of U.P.And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Dutta Pandey
Counsel for Opposite Party(s) : G.A., Mohd. Mobin Ansari
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Case called out in the revised list. None is present on behalf of opposite
party No.2.
2. Heard Sri Avinash Kumar Sharma, Advocate holding brief of Sri
Rajesh Dutta Pandey, 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 by the
applicants with a prayer to quash the charge sheet dated 8.5.2019 and
cognizance order dated 17.9.2019 as well as entire proceeding of Crl.
Case No.1027 of 2019 (State Vs. Mohammad Asif and others) arising out
of Case Crime No.474 of 2018, under Sections 498A, 323, 504, 506 I.P.C.
and Section 3/4 D.P. Act, P.S. Mahila Thana, District Prayagraj, pending
before the court of Additional Chief Judicial Magistrate, Room No.17,
Allahabad.
4. Learned A.G.A. for the State does not dispute the correctness of the
submission made by learned counsel for the applicants or the correctness
of the documents relied upon by him. He submits that he has no objection,
if the parties approach trial court to file compromise deed in the 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 the compromise deed entered into between the parties
A482 No. 44265 of 2019
2
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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