Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 16084 (ALL)

DEEPAK KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/41604/2026 · 2026-10-06

Chawan Prakash

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41604 of 2026 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Sri Shivam Pandey, Advocate filed Vakalatnama on behalf of opposite party No.2, is taken on record. 2. Heard Sri Ajay Pandey, learned counsel for the applicants, Sri Shivam Pandey, learned counsel for opposite party No.2, learned A.G.A. for the State and perused the record. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 15.01.2023, cognizance order dated 20.03.2024 passed by learned Civil Judge ( J .D.)/F.T.C. Crime against Women, Fatehpur and the entire criminal proceedings of Case No.7338 of 2024 (State Vs. Deepak Kumar & others), arising out of Case Crime No. 469 of 2022, under Sections 498A, 323, 504, 507 I.P.C. & Section 3/4 D.P. Act, Police Station Khaga, District Fatehpur, pending in the court of learned Civil Judge ( J .D.)/F.T.C. Crime against Women, Fatehpur. 4. Learned counsel for the applicant submits that the applicant 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, do 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. Versus Counsel for Applicant(s) : Ajay Pandey Counsel for Opposite Party(s) : G.A. Deepak Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned A.G.A. for the State as well as learned counsel for opposite party No.2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. They submit that opposite party no. 2 have no objection, if the parties approach trial court to file compromise deed in the given circumstances. 6. 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 a fresh compromise deed entered into between the parties within 30 days, which shall be verified by the trial court. The trial court shall place the original compromise deed in its record. 7. 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. 8. For a period of two months, the proceedings of the trial court shall be kept in abeyance, if the compromise is filed and verified within stipulated period, otherwise, the trial court shall continue with the trial in accordance with law. 9. 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. 10. In view of above, the application under Section 482 Cr.P.C. is accordingly disposed of. October 7, 2026 Md Faisal NA528 No. 41604 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad