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Allahabad High Court

PARAMVEERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court ordered the return of the original compromise deed, its filing before the Additional Sessions Judge for verification, and a stay of coercive action pending such verification.

Summary

The applicant, Paramveer, filed an application under Section 528 of the CrPC claiming that a compromise deed had already been executed with the State of U.P. and two other parties. The court noted that the original compromise deed had not been presented before the trial court and ordered its return to the applicant’s counsel. The applicant was directed to file the original deed before the Additional Sessions Judge, Moradabad, within 15 days, after which the judge must verify the compromise in the presence of both parties within four weeks and report back. The High Court also stayed any coercive action against the applicant in the pending criminal case (Case Crime No.53 of 2020) until the next listing. The order was to be communicated to the Additional Sessions Judge within three working days.

Issues considered

  • Whether the compromise deed executed between the parties can be filed and verified under Section 528 CrPC
  • Whether a stay of coercive action is warranted pending verification of the compromise

Legislation cited

Subjects

  • Compromise
  • Section 528 CrPC
  • Criminal Procedure
  • Stay of coercive action
  • Verification of compromise
  • High Court order

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 528 BNSS No. - 41517 of 2026

                                    Paramveer
                                                                                                               .....Applicant(s)
                                                                              Versus
                                    State Of U.P. And 2 Others
                                                                                                         .....Opposite Party(s)

                                    Counsel for Applicant(s)                   :   Lal Bahadur, Ram Sajiwan Prajapati
                                    Counsel for Opposite Party(s)              :   G.A.

                                    Court No. - 79
                                                          HON'BLE SAURABH SRIVASTAVA, J.

                                    1. At the very outset, learned counsel for applicant has submitted that both the parties
                                    have already been entered into a compromise and original copy of the same, has been
                                    appended with this petition due to which, the same has not been preferred before
                                    learned court concerned.

                                    2. Office is hereby directed to return the original compromise deed to learned counsel
                                    for applicant forthwith after having a photocopy of the same on record.

                                    3. After receiving the original compromise deed, learned counsel for applicant shall
                                    prefer the same before learned Additional Sessions Judge, Court No.7, Moradabad
                                    within 15 days from today.

                                    4. In case, compromise deed is filed within the said period, learned Additional
                                    Sessions Judge, Court No.7, Moradabad shall verify the said compromise in presence
                                    of both the parties within a period of four weeks and send its report to this Court
                                    through the Registry on or before the next date.

                                    5. List this case in the week commencing 23.11.2026 with said report.

                                    6. Till the next date of listing, no coercive action shall be initiated against applicant in
                                    pursuance of Case Crime No.53 of 2020, P.S. Mundhapande, District Moradabad.

                                    7. Registrar (Compliance) is hereby directed to serve a copy of this order upon learned
                                    court of learned Additional Sessions Judge, Court No.7, Moradabad within three
                                    working days so that the matter may be adjudicated on the basis of verification report.

                                    September 28, 2026
                                    Vivek Kr.
                                                                                                     (Saurabh Srivastava,J.)




Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad


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