Shashi Khurana Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Shashi Khurana Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final quashing not granted at this stage. Petition disposed of with directions: (i) parties to appear before the learned trial court on 30.1.2025 for verification of the compromise, the trial court to verify its contents in the presence of the parties within one week thereafter and provide a copy of the verification report; (ii) the impugned proceedings kept in abeyance for two months; (iii) liberty to file a fresh quashing petition along with the verification report and the compromise; (iv) office to return the original compromise to the applicant's counsel after retaining a photocopy on record.

Issue for consideration

Whether the entire criminal proceedings in Complaint Case No. 440 of 1992 (renumbered 440/2007) under Sections 323, 325, 452, 504 and 506 IPC, P.S. Aliganj, District Lucknow, can be quashed on the basis of the compromise arrived at between the parties.

Court's answer

On consideration of the arguments, record and the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, the petition is disposed of directing the parties to appear before the learned trial court on 30.1.2025 for verification of the compromise; the trial court shall verify the contents of the compromise in the presence of the parties within one week thereafter and provide a copy of the verification report to the parties.

Ratio / Principle

The impugned criminal proceedings shall be kept in abeyance for a period of two months from the date of the order.

Key takeaways

It remains open to the applicant to approach the Court again for quashing of the proceedings by filing a fresh petition along with the verification report of the learned trial court and the compromise entered into between the parties.ratio¶15
Office is directed to return the original copy of the compromise to the learned counsel for the applicant after keeping a photocopy of the same on record (administrative direction).obiter¶16

Detailed headnote1 paragraphs

Quashing — Application under Section 482 (Application U/S 482 No. 154 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Neutral Citation 2025:AHC-LKO:2433, Karunesh Singh Pawar, J., order dated 15.1.2025) — Entire criminal proceedings of Complaint Case No. 440 of 1992 (renumbered 440/2007) under Sections 323, 325, 452, 504 and 506 IPC, P.S. Aliganj, District Lucknow, sought to be quashed — Dispute between applicant and respondent no. 2 amicably settled outside court by compromise deed dated 24.12.2024 (Annexure-3); counsel for respondent no. 2 concedes the settlement — Learned A.G.A. submits compromise should first be verified by the competent court — Considering the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, petition disposed of: parties directed to appear before the learned trial court on 30.1.2025 for verification of the compromise; trial court to verify its contents in the presence of the parties within one week thereafter and provide a copy of the verification report — Impugned proceedings kept in abeyance for two months — Liberty reserved to file a fresh quashing petition along with the verification report and the compromise — Office to return original compromise after retaining photocopy on record.

Neutral Citation No. - 2025:AHC-LKO:2433

Court No. - 16

Case :- APPLICATION U/S 482 No. - 154 of 2025

Applicant :- Shashi Khurana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Vakalatnama filed by Shri Suresh Kumar Mishra, Advocate on behalf of respondent no.2 is taken on record.

Heard learned counsel for the applicant, learned counsel for respondent no.2 and learned A.G.A. for respondent State.

The present application has been filed by the applicant for quashing of the entire criminal proceedings of Complaint Case No.440 of 1992 (Now complaint case No.440/2007) under Section 323, 325, 452, 504 and 506 Indian Penal Code, Police Station Aliganj, District Lucknow.

Learned counsel for the applicant submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 24.12.2024 is on record as Annexure-3 to the application.

Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same.

It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.

Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333 , the petition is disposed of directing the parties to appear before the learned trial court on 30.1.2025 for verification of the compromise dated 30.1.2025. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties.

The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today.

It will be open for the applicant to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.

Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record.

Order Date :- 15.1.2025

Madhu D.R/P.S

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench