Allahabad High Court
SMT. NEHA BAJPAYEE AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 Cr.P.C. is disposed, with the matter of compromise left to the trial court for verification before any quashment can be considered.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash Criminal Case No.14180 of 2021, which involved alleged offences under Sections 504 and 506 of the IPC. They asserted that they had reached a compromise with the opposite party and wished to avoid adjudication of the criminal allegations. The State's Additional Government Advocate expressed no objection to the parties filing a compromise deed before the trial court. The High Court held that the existence and validity of a compromise must be determined by the trial court, directing the parties to file and have the deed verified within two months, after which they may jointly invoke the Court's inherent powers to seek quashment. Consequently, the application under Section 482 was disposed without granting any order of quashment.
Issues considered
- Whether a High Court can quash a criminal proceeding under Section 482 Cr.P.C. when the parties claim to have reached a compromise in offences under Sections 504 and 506 IPC.
- Whether the trial court, rather than the High Court, should adjudicate the existence and effect of a compromise in such offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 504, 506
Subjects
- Section 482
- Criminal Procedure
- Compromise
- Quashment
- IPC 504
- IPC 506
- Inherent powers
- Trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 9969 of 2021
Smt. Neha Bajpayee And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Nikhil Kumar, Prashant Kanha
Counsel for Opposite Party(s) : Bipin Kumar, G.A., Manish Tandon
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Nikhil Kumar, learned counsel for the applicants, learned A.G.A. for the
State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the
entire criminal proceeding of Criminal Case No.14180 of 2021 ( State Vs. Neha
Bajpayee and another), under Sections 504 & 506 IPC, P.S. Kalyanpur, District
Kanpur Nagar including charge-sheet No.01 of 2019 dated 30.01.2019 and
summoning order dated 5.2.2021, pending in the Court of Additional Chief
Metropolitan Magistrate-II, Kanpur Nagar.
3. Learned counsel for the applicants submits that the applicant No.1 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, does 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 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 on 27.04.2026, 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
A482 No. 9969 of 2021
2
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.
April 17, 2026
SFH
(Chawan Prakash,J.)
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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