ABHISHEK SHUKLA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/41838/2019 · 2026-09-15
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7005 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7005 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41838 of 2019 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Anil Kumar Mishra, learned counsel for the applicants, Sri Arvind Kumar, Advocate holding brief of Sri Ashok Kumar Singh,
learned counsel for opposite party No.2, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 1.8.2019 and entire proceeding of Complaint Case No.445 of 2014 (Rahul Srivastava Vs. Abhishek Shukla and Anr.) under Sections 386, 506 I.P.C., P.S. Lanka, District Varanasi.
3. 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.
4. 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 Versus Counsel for Applicant(s) : Anil Kumar Mishra Counsel for Opposite Party(s) : Ashok Kumar Singh, G.A., Rajshekhar Pandey Abhishek Shukla And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 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.
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 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. September 16, 2026 Md Faisal A482 No. 41838 of 2019 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad