Sumit Alias Deewan and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sumit Alias Deewan and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: both parties to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; Trial Court to verify the compromise, record parties' statements on fulfilment of its terms, and pass an appropriate order in accordance with law preferably within three months; no coercive action against the applicants till verification; liberty to approach this Court again for quashing after verification.

Issue for consideration

Whether the entire proceeding, cognizance order dated 03.04.2024 and charge sheet dated 07.04.2023 in Case No. 7641 of 2024 (Case Crime No. 13 of 2023) under Sections 392, 411 IPC should be quashed in view of the compromise dated 14.07.2025 arrived at between the parties.

Court's answer

Without expressing any opinion on the merits, both parties were directed to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; the Trial Court is expected to fix a date for verification of the compromise and, after ensuring the presence of the parties, pass an appropriate order in accordance with law, preferably within three months of production of the certified copy, if there is no other legal impediment.

Ratio / Principle

While passing the order verifying the compromise, the Trial Court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed have been fulfilled or not.

Key takeaways

After verification, the parties may 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¶18
Till verification of the compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

Quashing application under Section 528 BNSS seeking quashing of the entire proceeding, cognizance order dated 03.04.2024 and charge sheet dated 07.04.2023 in Case No. 7641 of 2024 arising out of Case Crime No. 13 of 2023 (State Vs. Sumit @ Deewan and others) under Sections 392, 411 IPC, P.S. Falavda, District Meerut, on the basis of a compromise dated 14.07.2025 between the parties. Held: without expressing any opinion on the merits, and noting the learned A.G.A.'s submission that verification of the compromise is for the Trial Court, the application was disposed of directing both parties to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; the Trial Court to fix a date for verification of the compromise, record the parties' statements on fulfilment of the terms of the compromise deed, and pass an appropriate order in accordance with law, preferably within three months; till such verification, no coercive action was to be taken against the applicants; liberty reserved to the applicants to approach the High Court again for quashing after verification.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28790 of 2025

Sumit Alias Deewan And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Satyam Narayan
Counsel for Opposite Party(s)	: Rajesh Mishra, G.A.
Court No.- 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record.

The present application under Section 528 BNSS has been filed to quash the entire proceeding as well as cognizance order dated 03.04.2024 and charge sheet dated 07.04.2023, in Case No. 7641 of 2024, arising out of Case Crime No. 13 of 2023 (State Vs. Sumit @ Deewan and others) under Sections 392, 411 IPC, Police Station-Falavda, District-Meerut pending in the Court of Judicial Magistrate/Additional Civil Judge (Junior Division), Court No. 3, Meerut.

Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 14.07.2025, which has been placed as Annexure No. '5' to the application. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.

Learned counsel for the opposite party No. 2 does not dispute the submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him.

Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in

NA528 No. 28790 of 2025

2

accordance with law.

In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

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.

Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

With the aforesaid directions, this application is disposed of .

September 15, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad