Sunil Singh and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sunil Singh and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim procedural directions only; the quashing application was not finally decided. Parties directed to appear before the Trial Court within two weeks and get the compromise deed verified; Trial Court to verify the compromise after recording satisfaction that it was voluntary (free will, without coercion or undue influence) and send its report to the High Court within two weeks thereafter; applicants directed to place on record the certified copy of the order verifying the compromise before the next date; case put up on 22.8.2025 before the appropriate Bench.

Issue for consideration

Whether the entire criminal proceedings in Case No. 2619 of 2018 (State vs. Sunil Singh and others) under Sections 452, 323, 504, 506 I.P.C., arising out of Case Crime No. 1210 of 2017, should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

Parties are directed to appear before the Trial Court within two weeks and get the compromise deed verified before the Trial Court.

Ratio / Principle

The Trial Court, after recording its satisfaction that the compromise between the parties was arrived at out of their free will without any coercion or undue influence, shall verify the compromise and send its report to the High Court within two weeks thereafter.

Detailed headnote1 paragraphs

Quashing application styled under Section 528 BNSS (described in the body as filed under Section 482 Cr.P.C.) seeking quashing of entire criminal proceedings in Case No. 2619 of 2018 (State vs. Sunil Singh and others) under Sections 452, 323, 504, 506 I.P.C., P.S. Akbarpur, District Kanpur Dehat, arising out of Case Crime No. 1210 of 2017, on the basis of a compromise between the parties. Certified copy of the compromise was filed in compliance of the earlier order dated 29.4.2025, and opposite party no. 2 admitted the compromise. The Court did not decide the quashing question finally; it directed the parties to appear before the Trial Court within two weeks for verification of the compromise deed, with the Trial Court to record satisfaction that the compromise was arrived at out of free will without coercion or undue influence and to send its report within two weeks thereafter. Applicants to file the certified copy of the verification order; matter listed for 22.8.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl. No. 326)

Court No. - 78

Case :- APPLICATION U/S 528 BNSS No. - 14595 of 2025

Applicant :- Sunil Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Mayank Singh Counsel for Opposite Party :- G.A.

Hon'ble Anish Kumar Gupta,J.

Heard Sri Kuwar Mayank Singh, learned counsel for the applicants, Sri Shiv Kumar Yadav, learned counsel for the opposite party no. 2 and Sri Vijay Rathi, learned AGA for the State.

The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Case No. 2619 of 2018 (State vs. Sunil Singh and others) under Sections 452, 323, 504, 506 I.P.C., Police Station-Akbarpur, DistrictKanpur Dehat (Ram Bai Nagar) arising out of Case Crime No. 1210 of 2017 on the basis of compromise arrived at between the parties.

In compliance of earlier order dated 29.4.2025, learned counsel for the applicants has filed a supplementary affidavit today in Court annexing therewith the certified copy of the compromise arrived at between the parties. Learned counsel for the applicants submits that the parties have settled their dispute amicably out of Court. In view thereof, he seeks quashing of the entire proceedings of the case.

Learned counsel for the opposite party no. 2 admits the factum of compromise between the parties and in connection therewith a short counter affidavit has already been filed on behalf of opposite party no. 2.

In view of the aforesaid submissions, parties are directed to appear before the Trial Court within two weeks from today and and get the compromise deed verified before the Trial Court and the Trial Court after recording its satisfaction that such compromise between the parties has arrived at out of their free will without any coercion or undue influence, shall verify the said

compromise and send its report to this Court within two weeks thereafter.

Put up this case on 22.8.2025 before the appropriate Bench.

The applicants are also directed to place on record the certified copy of the order verifying the compromise before the next date of listing.

Order Date :- 10.7.2025 Kirti

(Anish Kumar Gupta, J.)

Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad