Amar Singh and Another Vs State of U.P. Thru. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Amar Singh and Another Vs State of U.P. Thru. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of finally with directions instead of immediate quashing: parties to appear before the trial court within six weeks and file the compromise; trial court to verify the compromise, prepare a report, complete verification within two weeks, and allow certified copies; original compromise (if any) to be handed to applicants' counsel with photocopy retained; liberty reserved to seek quashing afresh; and no coercive action against the applicants for eight weeks. Quashing of the charge sheet/summoning order was not granted at this stage.

Issue for consideration

Whether the charge sheet dated 23-12-2024 in Case Crime No. 260 of 2024 and the summoning order dated 19-08-2025 in Session Case no. 1626 of 2025 (offences under Sections 316(2), 318(4), 352, 351(3) B.N.S. and Sections 3(1)r, 3(1)s, 3(2)(va) SC/ST Act) are liable to be quashed on the basis of the compromise said to have been reached between the parties.

Court's answer

Whether the parties have in fact compromised the matter is best ascertained by the Trial Court, since the compromise has to be duly verified in the presence of the parties concerned before the Court; accordingly the High Court did not itself quash the proceedings.

Ratio / Principle

Upon disposal of the application, the parties to Session Case no. 1626 of 2025 are directed to appear before the concerned Court within six weeks and file the compromise.

Key takeaways

If the parties appear as directed, the concerned Court shall verify the compromise, prepare a report to that effect, and make the original compromise deed part of the record.ratio¶21
The concerned Court shall conclude the verification of the compromise within two weeks from the date of production of a copy of this order, and the parties may obtain certified copies of the report and the compromise deed.ratio¶22

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), Lucknow (Hon'ble Saurabh Lavania, J.), decided October 17, 2025 — APPLICATION U/S 528 BNSS No. 1549 of 2025, Amar Singh and another v. State of U.P. and another. The applicants sought quashing of the charge sheet dated 23-12-2024 in Case Crime No. 260 of 2024 and the summoning order dated 19-08-2025 in Session Case no. 1626 of 2025 — registered under Sections 316(2), 318(4), 352 and 351(3) B.N.S. and Sections 3(1)r, 3(1)s and 3(2)(va) of the SC/ST Act, Police Station Jhangirabad, District Barabanki, pending before the learned ADJ/Session/Special Judge (SC/ST Act) — on the ground that the parties had amicably settled the dispute by a compromise deed, invoking the law laid down by the Apex Court on quashing upon compromise. The Court held that whether the parties have in fact compromised the matter can best be ascertained by the trial court, as the compromise must be duly verified in the presence of the parties, and therefore disposed of the application with directions: (i) the parties to appear before the concerned Court within six weeks and file the compromise; (ii) the concerned Court to verify the compromise, prepare a report and make the original compromise deed part of the record; (iii) verification to be concluded within two weeks of production of a copy of the order; (iv) certified copies of the report and compromise deed to be made available to the parties; (v) the applicants remain free to approach the High Court again for quashing; (vi) Office to provide the original compromise, if any, to the applicants' counsel retaining a photocopy, for verification; and (vii) no coercive action against the applicants for eight weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1549 of 2025

Amar Singh And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Rahul Dwivedi
Counsel for Opposite Party(s)	: G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

Mr. Krishna Kumar Shukla, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record.

Heard learned counsel for the applicant(s), learned Counsel for the opposite party no.2, learned AGA for the State and perused the record.

The instant application has been filed for the following main relief:-

"I. Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash charge sheet dated 23-12-2024 relating to case crime no. 260 of 2024 and summoning order dated 19-08-2025 relating to Session Case no. 1626 of 2025 Under Section- 316(2), 318(4) 352, 351(3) B.N.S. and under section 3(1)r, 3(1)s and 3(2)(va) of SC/ST Act, Police Station: Jhangirabad, District Barabanki, which is pending before the Learned ADJ Session/Special Judge SC/ST Act, Barabanki, District Barabanki on the basis of compromise deed executed between the parties."

Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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 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.

NA528 No. 1549 of 2025

2

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

(i) The parties to the proceedings i.e. Session Case no. 1626 of 2025 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise.

(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 two weeks' 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, if any, 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.)

October 17, 2025

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench