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

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

What the court decided

AI extract

Outcome

Immediate quashing not granted. Application disposed of finally with operative directions: parties to file the compromise before the trial court within four weeks; trial court to verify the compromise, prepare a report and place the original compromise deed on record, concluding verification within four weeks of production of the copy of this order; certified copies of report and deed made available; applicants at liberty to approach this Court again for quashing; original compromise released to counsel for applicants (photocopy retained by Office); and no coercive action against the applicants for eight weeks.

Issue for consideration

Whether the criminal proceedings of Criminal Case No.3288/2017 and the summoning order dated 04-11-2009 can be quashed in view of the amicable settlement/compromise reached between the parties. +1 more

Court's answer

The parties to Criminal Case No.3288/2017 (Vth Additional Judicial Magistrate, Lakhimpur Kheri) shall appear before the concerned Court and file the compromise within four weeks from today.

Ratio / Principle

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

Key takeaways

The concerned Court shall verify the compromise between the parties, prepare a report to that effect, make the original compromise deed part of the record, and conclude the process of verification of the compromise within four weeks from the date of production of the copy of this order.ratio¶21
The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the verification report as well as the compromise deed.ratio¶22
It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), Court No. 13 — APPLICATION U/S 482 No. 9652 of 2025 (under Section 482 Cr.P.C.), decided on November 15, 2025 by Hon'ble Saurabh Lavania, J. Applicants Anil Kumar Srivastava and 2 others (counsel: Aman Kumar Shrivastav) sought quashing of the entire criminal proceedings of Criminal Case No.3288/2017 (Achchhavi versus Anil Kumar Srivastava and others) prosecuted under Sections 452, 380, 504 I.P.C. (P.S. Mailani, District Kheri), pending before the Vth Additional Judicial Magistrate, Lakhimpur Kheri, along with the impugned summoning order dated 04-11-2009 passed by the Additional Chief Judicial Magistrate, Court No. 2, submitting that the parties had amicably settled the dispute outside court, executed a signed compromise deed (Annexure No. 4) and invoking the Apex Court law on settlement-based quashing. The Court did not quash on the mere assertion of settlement: it observed that whether the parties have in fact compromised the matter can best be ascertained by the Trial Court, as such compromise has to be duly verified in the presence of the parties concerned before the Court. Accordingly, the application was disposed of finally: parties directed to appear and file the compromise before the concerned Court within four weeks; the trial court to verify the compromise, prepare a report and make the original compromise deed part of record, concluding verification within four weeks from production of the copy of the order; parties permitted certified copies of the report and deed; applicants expressly left free to approach the High Court again for quashing; Office to hand over the original compromise deed to counsel (photocopy retained); and, for eight weeks, no coercive action against the applicants in the said case. Opposite parties: State of U.P. (Prin. Secy., Home, Lucknow) and another; counsel: G.A.; Suraj Singh Visen appeared for opposite party no. 2 by vakalatnama.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9652 of 2025

Anil Kumar Srivastava And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. The Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

Shri Suraj Singh Visen, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record.

Heard learned counsel for the applicant(s), learned AGA for the State as well as learned counsel for the opposite party No.2 and gone through the record.

The present application under Section 482 Cr.P.C. has been filed for the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quashing the entire criminal proceedings of criminal case no.3288/2017 (Achchhavi versus Anil Kumar Srivastava and others) u/s 452, 380, 504 I.P.C. P.S. Mailani, District Kheri Pending before Vth Additional Judicial Magistrate Lakhimpur Kheri as well as impugned summoning order dated 04-11-2009 passed by additional chief judicial magistrate court no. 2 (Achchhavi versus Anil Kumar) in the interest of justice as contained in Annexure no. 1 to this petition."

It is submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this

A482 No. 9652 of 2025

2

regard, the proceedings impugned are liable to be quashed.

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

Considering the aforesaid, this application is disposed of finally in following terms:-

(i) The parties to the proceedings, i.e. Criminal Case No.3288/2017 (Achchhavi versus Anil Kumar Srivastava and others), u/s 452, 380, 504 I.P.C., P.S.- Mailani, District - Kheri, pending before Vth Additional Judicial Magistrate , Lakhimpur Kheri, shall appear and file the compromise before the concerned Court within four week's from today.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise to the Counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

(Saurabh Lavania,J.)

November 15, 2025 ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench