Ajay Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Ajay Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — 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 (notices to all signatories, personal presence, report if verified, compromise made part of record); liberty to the applicants to obtain certified copies and approach this Court again for quashing; one-month stay of coercive action against the applicant; Office directed to return the original compromise deed to applicant's counsel after taking photocopy.

Issue for consideration

Whether the parties have, in fact, compromised the matter, and if the compromise is verified, whether the criminal proceedings (Criminal Case No.1550/2023) should be quashed.

Court's answer

Whether the parties have actually compromised the matter can best be ascertained by the court below, since such a compromise has to be duly verified in the presence of the parties concerned before that court.

Ratio / Principle

The application is disposed of with a direction to the court concerned that if the compromise is filed before it, it shall issue notices to all signatories requiring their personal presence and thereafter verify the compromise; if verified, a report shall be prepared and the compromise made part of the record.

Key takeaways

If the compromise is verified, the parties may obtain certified copies of the report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶¶13
Interim protection: for a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶¶14

Detailed headnote1 paragraphs

Quashing application (S. 482) against entire proceeding of Criminal Case No.1550/2023, arising out of Case Crime No.685 of 2022, under Sections 366, 363 I.P.C., P.S. Ramsanehighat, District Barabanki, on the ground of an amicable compromise between the parties (compromise filed as Annexure No.15). Held: whether the parties have in fact compromised can best be ascertained by the court below, where the compromise must be duly verified in the presence of the parties. Application disposed of with directions that, on the compromise being filed, the court concerned shall issue notices to all signatories requiring personal presence and verify the compromise; if verified, a report shall be prepared and the compromise made part of the record; parties may obtain certified copies and it will be open to the applicants to approach the High Court again for quashing. No coercive action against the applicant for one month. Original compromise deed to be returned to applicant's counsel after photocopying.

Neutral Citation No. - 2025:AHC-LKO:35327

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4932 of 2025

Applicant :- Ajay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Anuj Singh,Somdutta Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Vakalatnama filed by Sri Eshan Garg, Advocate and Ms. Prachi Arya, Advocate alongwith counter affidavit on behalf of the opposite party no.3 is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State, counsel for the opposite party no.3 and perused the record.

The instant application has been filed for quashing entire proceeding of Criminal Case No.1550/2023, arising out of Case Crime No.685 of 2022, under Sections 366, 363 I.P.C., Police Station Section-Ramsanehighat, District Barabanki.

Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.15 to the application.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, 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 one month, no coercive action shall be taken against the applicant in the aforesaid case.

Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same.

Order Date :- 11.6.2025 GauraV/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench