Awadhesh Rai @ Awadhesh Kumar Rai vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

Awadhesh Rai @ Awadhesh Kumar Rai vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: both parties directed to appear before the court concerned within three weeks and file their compromise application; the court concerned to verify the compromise within six weeks after notice to all signatories and report to the High Court; no coercive action against the applicant for three months; liberty to approach the High Court again for quashing; Office directed to return the original compromise deed to counsel for the applicant retaining a photocopy on record.

Issue for consideration

Whether the parties have, in fact, compromised the matter, so that the case may be decided in terms of the compromise. +1 more

Court's answer

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

Ratio / Principle

The application is disposed of with a direction to both parties to appear before the court concerned within three weeks and file their compromise application; if filed, the court concerned shall issue notices to all signatories requiring personal presence, verify the compromise within six weeks, prepare a report making the compromise part of the record and send a report to this Court; certified copies of the report and compromise may be obtained, and it will be open to the applicant to approach this Court again for quashing of the proceedings.

Key takeaways

For a period of three months, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.) — Application under Section 482 seeking quashing of charge sheet dated 21.10.2020 arising out of FIR No. 0199/2020 under Sections 323, 427, 506 and 325 IPC, P.S. Gudamba, District Lucknow — counsel for both parties stated that the parties had amicably settled their dispute outside the Court by compromise, with the original compromise deed filed as Annexure-6 — 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 — application disposed of with directions to both parties to appear before the court concerned within three weeks and file their compromise application; the court concerned to verify the compromise within six weeks after notice to all signatories, make it part of the record and report to the High Court — no coercive action against the applicant for three months — liberty granted to approach the High Court again for quashing — original compromise deed directed to be returned to counsel for the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 627 of 2026

Awadhesh Rai @ Awadhesh Kumar Rai

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Shubhra Sahai, Dharmendra Jaiswal, Vijay Kumar Dwivedi Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant, learned A.G.A. for the Stateopposite party no.1 and Sri Rajesh Kumar and Sri Premanth Singh, learned counsels, who has filed power on behalf of opposite party no.4, which is taken on record.

The present application has been filed seeking following main relief(s);-

"I. The Hon'ble Court may be pleased to quash the Impugned Charge Sheet dated 21.10.2020 which arose after FIR NO.-0199/2020, U/S 323, 427, 506 and 325 of I.P.C. dated 18.08.2020 P.S Gudamba, District Lucknow, which is contained in this Annexure No-02 to this petition/Application in the interest of justice.

II. The Hon'ble Court may be pleased to passed an order to respondents not take any coercive action against the applicant in pursuance of the Impugned charge sheet, in FIR NO.-0199/2020, U/S 323, 427, 506 and 325 of I.P.C. dated 18.08.2020 P.S Gudamba, District is Learned Lucknow, (Now trial Court A.C.J.M-2 Court, Lucknow) in the interest of justice."

Learned counsel for both the parties submit that parties have amicably settled their dispute outside the Court by way of compromise and the

A482 No. 627 of 2026

2

original compromise deed has been annexed as Annexure-6 to the application, therefore, the aforesaid case may be decided in terms of the compromise arrived at between the parties.

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 before the court concerned.

Accordingly, the present application is disposed of with a direction to both the parties to appear before the court concerned within three weeks from today and file their compromise application. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within six weeks from that date of appearance. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record and a report to that effect shall also be send to this Court whether the said compromise took place or not. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. It will also be open to the applicant to approach this Court again for quashing of the proceedings.

For a period of three months, no coercive action shall be taken against the applicant in the aforesaid complaint case.

Office is directed to return the original compromise deed to the counsel for the applicant after retaining a photocopy of the same on record.

(Brij Raj Singh,J.)

January 28, 2026 Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench