Durga Devi @ Gurgi Devi and 2 Others Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Durga Devi @ Gurgi Devi and 2 Others Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the court below to verify the compromise after issuing notices to all signatories requiring personal presence; liberty to the applicants to approach the High Court again for quashing if the compromise is verified; no coercive action against the applicants for three months; Registry to return the original compromise deed after photocopy.

Issue for consideration

Whether the entire proceeding of Case no. 23721/2023 (Crime no. 586/2021, Ss. 323/504/506/452 IPC, P.S. Gosaiganj, District Lucknow), the summoning order dated 3.3.2023 and the charge sheet dated 7.1.2022 should be quashed, the parties having allegedly compromised the dispute on 11.11.2025. +1 more

Court's answer

The application was disposed of with a direction that if the compromise is filed (or already filed) before the court below, it shall issue notices to all signatories requiring their personal presence and verify the compromise; if verified, a report shall be prepared and made part of the record, certified copies may be obtained, and it will be open to the applicants to approach this Court again for quashing of the proceedings.

Ratio / Principle

Verification of the compromise must be carried out by the court below, in the presence of the parties concerned, before which the case is pending.

Key takeaways

Both parties were directed to appear before the concerned court within two weeks and file/pursue their compromise application; the court below was directed to pass an order on the compromise application and complete all formalities within eight weeks from that date.ratio¶18
As interim protection, no coercive action shall be taken against the applicants in the aforesaid case for a period of three months.ratio¶20
The Registry was directed to return the original copy of the compromise deed to learned counsel for the applicants after taking a photocopy of the same.

Detailed headnote1 paragraphs

Quashing — Application u/s 482 CrPC seeking quashing of entire proceedings of Case no. 23721/2023 (Crime no. 586/2021, Ss. 323/504/506/452 IPC, P.S. Gosaiganj, District Lucknow), summoning order dated 3.3.2023 and charge sheet dated 7.1.2022 — Parties alleged to have compromised the dispute by compromise dated 11.11.2025 — Held, whether parties have in fact compromised can best be ascertained by the court below, before which the compromise must be duly verified in presence of the parties — Both parties directed to appear before the concerned court within two weeks and file/pursue the compromise application; court below to pass order thereon and complete formalities within eight weeks — If compromise verified, report to be prepared and made part of record; applicants free to approach the High Court again for quashing — No coercive action against applicants for three months — Registry to return original compromise deed after photocopy — Application disposed of (Brij Raj Singh, J., November 19, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9812 of 2025

Durga Devi @ Gurgi Devi And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Brijendra Kumar Tiwari, Brijendra Pratap Singh Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Power filed by Ms. Mohini Yadav, Advocate on behalf of opposite party no.2 is taken on record.

Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record.

The present application has been filed with the following main prayer:

"WHEREFORE, it is most respectfully prayed that this Hon ble Court may kindly be pleased to quash the entire proceeding of Case no. 23721/2023 Crime no. 586/2021 U/s 323/504/506/452 IPC Police Station - Gosaiganj, District Lucknow, styled as State......Vs.... Durga Devi and others as well as impugned summoning order dated 3.3.2023 and charge sheet dated 7.1.2022 as contained in Annexure no.1 and 2 to this petition."

Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 11.11.2025 (Original copy of the same is appended as annexure No.4 to the application).

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself.

A482 No. 9812 of 2025

2

Counsel for opposite party no. 2 has no objection, in case compromise takes place.

Both the parties are directed to appear before the concerned court within two weeks from today and file/pursue their compromise application. The court below is directed to pass an order on the said compromise application and all formalities will be completed within eight weeks from that date.

Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.

Registry is directed to return the original copy of the compromise deed to the learned counsel for the applicants after taking photocopy of the same.

(Brij Raj Singh,J.)

November 19, 2025 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench