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2019 DAILYLAW 2896 (ALL)

VIJAY AND 2 ORS v. STATE OF U.P. AND ANOTHER

A482/40595/2019 · 2026-05-04

Nand Prabha Shukla

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 40595 of 2019 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Manish Chand Umrao, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the entire proceedings of Complaint Case No. 23372 of 2018 under Sections 498A, 323, 504, 506 IPC, Police Station-Nazeerabad, District-Kanpur Nagar presently before the Court of Judicial Magistrate-8, Kanpur Nagar. 3. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 02.08.2025, which has been placed as "Annexure No.-SA-1" to the supplementary affidavit dated 09.04.2026. 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. 4. 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. 5. In view of above, without expressing any opinion on the merits of the case, the applicants and opposite party No. 2 are directed to appear before the Trial Court along with compromise deed as well certified copy of this Versus Counsel for Applicant(s) : Manish Chand Umrao Counsel for Opposite Party(s) : Dipak Srivastava, G.A. Vijay And 2 Ors .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 6. 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. 7. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the aforesaid directions, this application is disposed of. May 5, 2026 Aditya Tripathi A482 No. 40595 of 2019 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad