Sumit vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

Sumit vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the trial court to verify the compromise dated 18.03.2026 in the presence of its signatories and submit a report; proceedings pursuant to the charge-sheet dated 03.10.2022 and summoning order dated 16.12.2022 stayed for three months qua the applicant; liberty reserved to approach this Court again for quashing upon verification of the compromise.

Issue for consideration

Whether the charge-sheet dated 03.10.2022 and the summoning order dated 16.12.2022 (Case Crime No. 95/2022, Sections 363/366 I.P.C., Police Station Saadatganj, District Lucknow) ought to be quashed in the light of the compromise dated 18.03.2026 between the parties.

Court's answer

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

Ratio / Principle

The application is disposed of with a direction that if the compromise is filed before the court concerned, it shall issue notices to all signatories of the compromise requiring their personal presence and thereupon verify the compromise; if verified, a report shall be prepared and the compromise made part of the record.

Key takeaways

Upon verification, the parties will be permitted to obtain certified copies of the report and the compromise, and it will be open to the applicant to approach this Court again for quashing of the proceedings.ratio¶21
For a period of three months, the proceedings initiated in pursuance of the charge-sheet dated 03.10.2022 and the summoning order dated 16.12.2022 shall remain stayed so far as the applicant is concerned.ratio¶22
The trial Court is directed to examine whether all the parties against whom the charge-sheet was filed are party to the compromise, and to send a report along with the verification order in that respect.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH) (Shree Prakash Singh, J.) — Application under Section 482 seeking quashing of charge-sheet dated 03.10.2022 and summoning order dated 16.12.2022 (State vs. Sumit) arising out of Case Crime No. 95/2022, under Sections 363/366 I.P.C., Police Station Saadatganj, District Lucknow, on the basis of a compromise deed dated 18.03.2026 between the parties, opposed parties supporting the compromise and the State raising no objection — HELD: Whether the parties have in fact compromised the matter can best be ascertained by the court below, as the compromise must be duly verified in the presence of the parties; application DISPOSED OF with directions that, if the compromise is filed before the court concerned, notices be issued to all signatories requiring personal presence and the compromise be verified, a report prepared and the compromise made part of the record; trial court additionally directed to examine whether all persons charge-sheeted are party to the compromise and to send a report with the verification order; parties permitted to obtain certified copies of the report and compromise, with liberty to the applicant to approach the High Court again for quashing; proceedings pursuant to the charge-sheet and summoning order stayed for three months qua the applicant; office directed to return the original compromise deed to counsel for the applicant after taking photocopy.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3785 of 2026

Sumit

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Km. Pooja Tiwari : G.A.

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

Sri Rushida Farheen, Advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party nos. 2 and 3 and the same is taken on record.

Heard learned counsel for the applicant, learned counsel for opposite party nos. 2 and 3, learned A.G.A. for the State and perused the record.

The instant application has been filed for quashing the charge-sheet dated 03.10.2022 as well as the summoning order dated 16.12.2022 passed by the Additional Chief Judicial Magistrate Court No. 27 Lucknow (State vs. Sumit), arising out of Case Crime No. 95/2022, under Sections 363/366 I.P.C. Police Station- Saadatganj, District- Lucknow in the light of compromise dated 18.03.2026.

Learned counsel appearing for the applicants submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 18.03.2026, which has been annexed as annexure no.4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant is the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and

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thus, the criminal proceedings against the applicant may be quashed.

On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicant and the criminal proceedings against the applicant may be dropped.

Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

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

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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 applicant to approach this Court again for quashing of the proceedings.

For a period of three months, the proceedings initiated in pursuance of the charge-sheet dated 03.10.2022 as well as the summoning order dated 16.12.2022 passed by the Additional Chief Judicial Magistrate Court No. 27 Lucknow (State vs. Sumit), arising out of Case Crime No. 95/2022, under Sections 363/366 I.P.C. Police Station- Saadatganj, District- Lucknow , shall remain stayed so far as applicant is concerned.

The trial Court is directed to examine the fact that whether all the parties against whom the charge-sheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.

Office is directed to return the original compromise deed to the learned

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counsel for the applicant, if any, after taking the photocopy of the same.

(Shree Prakash Singh,J.)

May 6, 2026

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench