Ajay Tiwari And 6 Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
- Neutral2026:AHC-LKO:32990
Ratio decidendi
The rule this decision rests on
Where parties to criminal proceedings under sections concerning domestic violence and dowry-related offences file a compromise deed before the court, the trial court must issue notices requiring the personal presence of all signatories, verify the compromise in their presence, and prepare a report documenting such verification before the compromise can be made part of the record. A compromise in criminal proceedings involving domestic violence and dowry offences must be verified by the trial court in the presence of the parties concerned; the verification cannot be undertaken by the appellate court but must be left to the trial court as the appropriate forum for such ascertainment. Where a compromise is duly verified by the trial court, the parties may obtain certified copies of the verification report and the compromise deed, and may thereafter approach the appellate court for quashing of the proceedings. The stay of criminal proceedings may be granted for a limited period to permit parties to pursue compromise, on the condition that all accused are present before the trial court and a report confirming such presence is furnished by the trial court.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Salik Ram Tiwari
Counsel for Opposite Party(s)
:
G.A.
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J.
Ms. Arti Yadav,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.
Heard learned counsel for the applicants, Ms. Arti Yadav, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.
The instant application has been filed with the prayer to quash the entire proceeding of the Criminal Case No. 99 of 2024, State Vs Dhananjai Tiwari & others" arising out of Case Crime No. 99 of 2024 under Section 498-A, 323,504,506 of I.P.C. and section 3/4 of the Dowry Prohibition Act, Police Station-Patti, District-Pratapgarh, pending before Additional Civil Judge(Jr.Division), Room No. 15, Pratapgarh, including the chargesheet No. 110 of 2024 dated 20.4.2024 as well as quashing the order dated 10.9.2024 passed by the Judicial Magistrate Court No. 24, Pratapgarh.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 16-03-2026, which has been annexed as annexure no. 4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.
On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
Now 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 concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.
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.
For a period of three months, the proceedings initiated in pursuance of Criminal Case No. 99 of 2024, State Vs Dhananjai Tiwari & others" arising out of Case Crime No. 99 of 2024 under Section 498-A, 323,504,506 of I.P.C. and section 3/4 of the Dowry Prohibition Act, Police Station-Patti, District-Pratapgarh, shall remain stayed so far as present applicants are concerned.
The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order.
Office is directed to return the copy of original compromise deed to learned counsel for the applicants within a week.
(Shree Prakash Singh,J.)
May 7, 2026
AKS
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