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2021 DAILYLAW 1676 (ALL)

SMT. NEHA BAJPAYEE AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/9969/2021 · 2026-04-16

Chawan Prakash

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 9969 of 2021 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Nikhil Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Criminal Case No.14180 of 2021 ( State Vs. Neha Bajpayee and another), under Sections 504 & 506 IPC, P.S. Kalyanpur, District Kanpur Nagar including charge-sheet No.01 of 2019 dated 30.01.2019 and summoning order dated 5.2.2021, pending in the Court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar. 3. Learned counsel for the applicants submits that the applicant No.1 and opposite party no.2 have entered into a compromise and they have amicably settled their dispute outside the court and no dispute is pending between them, therefore, does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed. He further submits that the applicant shall file compromise deed before the learned trial court for verification. 4. Learned A.G.A. for the State submits that he has no objection if the parties approach trial court to file compromise deed in the given circumstances. 5. Whether the parties have entered into compromise, can best be adjudicated by the trial court. As such, the parties may appear before the trial court and file the compromise deed entered into between the parties on 27.04.2026, which shall be verified by the trial court. The trial court shall place the original compromise deed in its record. 6. No compromise shall be entertained by the trial court if the informant/victim and accused are not signatories and appear before the court of its verification. In case of exigency, the trial court shall apply its mind and pass appropriate order. 7. For a period of two months, the proceedings of the trial court shall be kept in Versus Counsel for Applicant(s) : Nikhil Kumar, Prashant Kanha Counsel for Opposite Party(s) : Bipin Kumar, G.A., Manish Tandon Smt. Neha Bajpayee And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) abeyance, if the compromise is filed and verified within stipulated period, otherwise, the trial court shall continue with the trial in accordance with law. 8. All the parties, who files compromise deed and get it verified shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding. 9. In view of above, the application under Section 482 Cr.P.C is accordingly disposed of. April 17, 2026 SFH A482 No. 9969 of 2021 2 (Chawan Prakash,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad