Allahabad High Court
VINOD KUMAR GUPTA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court ordered verification of the compromise deed before any further action, effectively staying coercive measures pending verification.
Summary
The applicants, Vinod Kumar Gupta and another, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash Criminal Case No.569 of 2016, which arose from a 2015 offence under Sections 504 and 506 of the Indian Penal Code. The applicants claimed that they had reconciled with the second opposite party and executed a compromise deed dated 25‑03‑2026, which had already been filed in the trial court. They argued that continuing the criminal proceedings would be a waste of judicial time and constitute an abuse of process. The High Court directed both parties to appear before the trial court within two weeks for verification of the compromise deed and ordered the trial court to submit a verification report. Until verification is completed, or for a period of one month whichever is earlier, no coercive action may be taken against the applicants, and the matter was listed for further hearing on 02‑07‑2026.
Issues considered
- Whether the criminal proceedings under Sections 504 and 506 IPC may be quashed on the ground of a compromise between the parties under Section 528 CrPC?
- Whether the trial court should verify the compromise deed before any further coercive action is taken.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 504, 506
Subjects
- compromise
- Section 528 CrPC
- quash of criminal proceedings
- verification of compromise
- abuse of process
- Sections 504 IPC
- Section 506 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16820 of 2026
Vinod Kumar Gupta And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Prakash Paul, Kaustubh Tewari,
Pranjul Bajpai
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Sri Pranjul Bajpai, learned Counsel for the applicants, learned
A.G.A. for the State and perused the record.
2. This application under Section 528 BNSS has been filed by the
applicant to quash entire proceeding of Criminal Case No.569 of 2016
arising out of Case Crime No.189 of 2015, under Sections 504 and 506
I.P.C., Police Station Harbans Mohal, District Kanpur Nagar.
3. Learned counsel for the applicants submits that applicants and opposite
party No.2 have reconciled their differences and a compromise has been
entered between them. A certified copy of compromise deed dated
25.03.2026 has been annexed as Annexure-3 to the application. He next
submits that the original compromise deed dated 25.03.2026 has been
filed in the court concerned. Therefore, no useful purpose would be
served in continuing the proceedings before the Trial Court and the same
is not only sheer wastage of time of the Court, but also abuse of process
of law.
4. In view of the above, both the parties are directed to appear before the
court concerned within two weeks from today for verification of
compromise and the court concerned is directed to verify the same.
5. The concerned court, after verification of the compromise deed, shall
submit its report by the date fixed. The applicants may also file the
NA528 No. 16820 of 2026
2
compromise verification report along with supplementary affidavit on the
date fixed.
6. Till verification of compromise or for a period of one month,
whichever is earlier, no coercive action shall be taken against the
applicants in the aforesaid case.
7. List this case on 02.07.2026.
(Sanjiv Kumar,J.)
May 4, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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