Swami Deen and Another Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

Swami Deen and Another Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions to the court below: on filing of the compromise, issue notice to all signatories for personal presence and verify the compromise; if verified, prepare a report, make the compromise part of the record and allow certified copies, leaving it open to the applicants to approach this Court again for quashing; no coercive action against the applicants for two weeks; Registry to hand over the original compromise to the applicants' counsel after retaining a photocopy.

Issue for consideration

Whether the charge sheet dated 19.08.2022 and cognizance order dated 13.10.2022 in Session Case No. 1184 of 2025, arising out of F.I.R. No. 387 of 2022 (Sections 376, 506 I.P.C. and Section 3/4 D.P. Act), and the entire proceedings should be quashed. +1 more

Court's answer

If the compromise is verified, the court below shall prepare a report to that effect and make the compromise part of the record; the parties will be allowed certified copies of the report and compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.

Ratio / Principle

Whether the parties have in fact compromised the matter can best be ascertained by the court below before which the case is pending; therefore, the compromise has to be duly verified in the presence of the parties concerned before the court below itself.

Key takeaways

If the compromise is filed before the court below, it shall issue notice to all its signatories requiring their personal presence and thereafter proceed to verify the compromise.ratio¶17
For a period of two weeks, no coercive action shall be taken against the present applicants.ratio¶18

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Rajeev Singh, J. (October 16, 2025): Application U/S 482 No. 8764 of 2025 by Swami Deen and another to quash the charge sheet dated 19.08.2022 and cognizance order dated 13.10.2022 in Session Case No. 1184 of 2025 (arising out of F.I.R. No. 387 of 2022, Sections 376, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Ramnagar, District Barabanki) disposed of in view of the claimed compromise dated 22.09.2025. Held: whether the parties have in fact compromised the matter can best be ascertained by the court below, which must verify the compromise in the presence of the parties after issuing notice to all signatories for personal appearance; if verified, a report is to be prepared and made part of the record, certified copies issued, and the applicants may approach the High Court afresh for quashing. Interim: no coercive action against the applicants for two weeks; Registry directed to hand over the original compromise to the applicants' counsel.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 8764 of 2025

Swami Deen And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Himanshu Suryavanshi : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Vakalatnama filed by Shri Hariom Divedi, Advocate on behalf of respondent no. 2 is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

The present application has been filed with the prayer to quash the charge sheet dated 19.08.2022 as well as cognizance order dated 13.10.2022 passed in Session Case No. 1184 of 2025, arising out of F.I.R. No. 387 of 2022, under Sections 376, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Ramnagar, District Barabanki and its entire proceedings.

Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 22.09.2025 (Original copy of the same is appended as Annexure No. 7 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. 8764 of 2025

2

Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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 two weeks, no coercive action shall be taken against the present applicants.

Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after retaining photocopy of the same.

(Rajeev Singh,J.)

October 16, 2025 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench