Allahabad High Court
AKHIL KUMAR YADAV AND 2 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that a compromise must be filed and verified before the trial court, and in the absence of such filing, the application under Section 482 to quash the proceedings is to be disposed.
Summary
The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the chargesheet dated 04‑08‑2023 and the criminal proceedings (Case No. 10013 of 2023) arising from a dowry dispute under sections 498‑A, 323, 504, 506, 420, 494 IPC and sections 3/4 of the Dowry Prohibition Act. They claimed innocence and alleged that the parties had amicably resolved their personal dispute, requesting the court to allow a compromise and dismiss the case. The State's Additional Government Advocate expressed no objection to the parties approaching the trial court for filing a compromise. The High Court held that any compromise must be filed and verified before the trial court within 30 days, after which the trial court may stay the proceedings for two months; otherwise the trial would continue. Since the requisite compromise and verification were not presented, the court disposed of the application under Section 482, effectively refusing to quash the proceedings at this stage.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. when the parties claim to have reached a compromise.
- Whether the trial court, and not the High Court, is the appropriate forum to entertain and verify a compromise in a criminal case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 420, 494, 498-A, 504, 506
Subjects
- quash
- compromise
- Section 482 Cr.P.C.
- dowry dispute
- IPC
- High Court
- criminal proceeding
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 9174 of 2024
Akhil Kumar Yadav And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhinav Dwivedi
Counsel for Opposite Party(s) : G.A., Vimal Kumar
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Abhinav Dwivedi, learned Counsel for the applicants, Mr.
Vimal Kumar, learned Counsel for opposite party no.2 and learned
A.G.A.for the State. The supplementary affidavit, filed today, is taken on
record.
2. The present application has been filed under Section 482 Cr.P.C. by the
applicants with the following prayer:
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to allow the present application and quash the chargesheet dated 04.08.2023
and the entire proceeding of Case no. 10013 of 2023 (State vs Akhil and others)
arising out of Case Crime No. 268 of 2023 under section 498-A, 323, 504, 506, 420,
494 IPC & 3/4 Dowry Prohibition Act, Police Station Kotwali Gursahaiganj District
Kannauj pending in court of Civil Judge Junior Division FTC- 3 Kannauj and for
setting aside impugned cognizance/summoning order dated 17.10.2023 passed by
Civil Judge Junior Division FTC-3 Kannauj"
3. Learned Counsel for applicants submits that the applicants are innocent
and have been falsely implicated in this case. Learned counsel for the
applicants further submits that parties have amicably resolved their personal
dispute, therefore, opposite party no.2 does not want to get adjudication of
alleged criminal act and prayed that the aforesaid criminal case may be
quashed in pursuance to compromise.
4. Learned A.G.A. for the State submits no objection if the parties approach
A482 No. 9174 of 2024
2
Trial Court to file compromise 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 concerned and file the compromise entered into between the
parties within 30 days, which shall be verified by the Trial Court.
6. No compromise shall be entertained by the Trial Court if the
informant/victim/injured 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.
8. All the parties, who files compromise 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 528 B.N.S.S. is,
accordingly, disposed of.
(Chawan Prakash,J.)
September 21, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
Checking your session…