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

Dilip Dixit 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 such verification; liberty to the applicants to approach this Court again for quashing thereafter.

Issue for consideration

Whether the entire criminal proceedings in Complaint Case No. SST No. 143 of 2004 (Sections 323, 392 IPC) should be quashed in view of the compromise between the parties dated 22.07.2025.

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 a certified copy of this order within three weeks.

Ratio / Principle

The Trial Court was expected to fix a date for verification of the compromise, ensure the presence of the parties, and pass an appropriate order in accordance with law, expeditiously and preferably within three months from production of the certified copy, subject to no other legal impediment.

Key takeaways

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 of the original compromise deed have been fulfilled.ratio¶17
After verification of the compromise, the parties may obtain certified copies of the report and the compromise, and it will remain open to the applicants to approach this Court again for quashing of the proceedings.ratio¶18
Interim protection: until verification of the compromise by the Court concerned, no coercive action shall be taken against the applicants in the said complaint case.

Detailed headnote1 paragraphs

Criminal quashing — compromise-based settlement — interim protection. Application under Section 528 BNSS (No. 40758 of 2025) by the accused persons sought quashing of the entire proceedings of Complaint Case No. SST No. 143 of 2004 (Smt. Rajnesh v. Dilip and others) under Sections 323, 392 IPC, P.S. Merapur, District Farrkhabad, on the strength of a compromise dated 22.07.2025. Nand Prabha Shukla, J., declined to express any opinion on the merits and disposed of the application, directing both parties to appear before the Trial Court with the compromise deed and a certified copy of the order within three weeks. The Trial Court was expected to fix a date, verify the compromise after ensuring the parties' presence, record their statements on fulfilment of the compromise terms, and pass an appropriate order in accordance with law, expeditiously and preferably within three months of production of the certified copy. Till such verification, no coercive action was to be taken against the applicants; after verification, the applicants were left free to approach the High Court afresh for quashing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40758 of 2025

Dilip Dixit And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sushant Misra
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, 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 proceedings of the Complaint Case No. SST No. 143 of 2004 (Smt. Rajnesh Vs. Dilip and others) under Sections 323, 392 IPC, Police StationMerapur, District-Farrkhabad, pending in the Court of Additional District and Sessions Judge, Room No. 3/Dacoity, Farrkhabad, District-Farrkhabad in terms of the compromise entered between the parties on 22.07.2025.

Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 22.07.2025, which has been placed as Annexure No. '5' to the present 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 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 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

NA528 No. 40758 of 2025

2

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 .

October 31, 2025 Shivani

(Nand Prabha Shukla,J.)

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