Durgesh Pratap Dubey Vs State of U.P. Thru. Prin. Secy. (Deptt. of Home Affairs) C Block Lok Bhawan Lko. U.P. and Another — Allahabad HC (2025) — LawSathi Research

Durgesh Pratap Dubey Vs State of U.P. Thru. Prin. Secy. (Deptt. of Home Affairs) C Block Lok Bhawan Lko. U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the court concerned: if the compromise is filed, notices to all signatories for personal presence and verification of the compromise, preparation of a report and making the compromise part of the record; parties permitted to obtain certified copies of the report and compromise; liberty to the applicants to approach this Court again for quashing; no coercive action against the applicant for one month; original compromise deed to be returned to counsel after photocopy.

Issue for consideration

Whether the entire proceeding of Case No.54475 of 2024 under Sections 323, 452 I.P.C. (arising out of Case Crime No.14/2024, Police Station Jankipuram, Lucknow) and Charge Sheet No.01/2024 dated 11.1.2024 ought to be quashed, in view of the claimed amicable compromise between the parties.

Court's answer

Whether the parties have in fact compromised the matter can best be ascertained by the Court below, as such a compromise has to be duly verified in the presence of the parties concerned before the Court.

Ratio / Principle

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

Key takeaways

The court below will allow the parties to 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¶¶17
For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶¶18
Office was directed to return the original compromise deed to learned counsel for the applicant after taking its photocopy.ratio

Detailed headnote1 paragraphs

Criminal Miscellaneous (Application u/S 482) — quashing of entire proceeding of Case No.54475 of 2024 under Sections 323, 452 I.P.C., arising out of Case Crime No.14/2024, Police Station Jankipuram, Lucknow, and impugned Charge Sheet No.01/2024 dated 11.1.2024 — counsel for applicant stated the parties had amicably compromised, compromise filed as Annexure No.SA.1 — HELD: whether the parties have in fact compromised is best ascertained by the court below, as the compromise must be duly verified in the presence of the parties; application disposed of with direction that, if the compromise is filed before the court concerned, notices shall issue to all signatories for personal presence and the compromise verified, with a report prepared and made part of the record; parties free to obtain certified copies and the applicants may approach the Court again for quashing; no coercive action against the applicant for one month; original compromise deed to be returned to counsel after photocopy (Rajeev Singh, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 7942 of 2025

Durgesh Pratap Dubey

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. (Deptt. Of Home Affairs) C Block Lok Bhawan Lko. U.P. And Another .....Opposite Party(s) Counsel for Applicant(s) : Abhyudaya Mishra, Skand Bajpai Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

1. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

3. The instant application has been filed for quashing the entire proceeding of Case No.54475 of 2024 pending before the learned Special Chief Judicial Magistrate (Custom), Lucknow, under Sections 323, 452 I.P.C., arising out of Case Crime No.14/2024 at Police Station Jankipuram, Lucknow as well as impugned Charge Sheet No.01/2024 dated 11.1.2024 under Sections 323, 452 I.P.C. filed by the police of Police Station Jankipuram, Lucknow.

4. 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.S.A.1 to the supplementary affidavit.

5. 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.

A482 No. 7942 of 2025

2

6. 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.

7. 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.

8. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

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

(Rajeev Singh,J.)

October 10, 2025

GauraV/-

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