Ankur Banerjee vs State Of U.P. And Another
- Neutral2026:AHC:106049
Ratio decidendi
The rule this decision rests on
Where parties to criminal proceedings claim to have executed a compromise deed, the High Court may direct them to appear before the Trial Court with the compromise deed and a certified copy of the High Court's order, so that the Trial Court may verify whether a valid compromise has been entered into between the parties in accordance with law. The Trial Court, when called upon to verify a compromise in criminal proceedings, must fix a date for verification, ensure the presence of both parties, afford them an opportunity of hearing, and record the statements of the parties as to whether all terms and conditions of the compromise deed have been fulfilled, before passing an appropriate order on the compromise. Pending verification of a compromise between the parties by the Trial Court, no coercive action shall be taken against the applicants in the criminal case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Shreesh Srivastava, learned counsel for the applicants, Sri Aman Srivastava, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed seeking the following reliefs:
"(i) Quash the charge sheet dated 01.12.2021 as well as cognizance order dated 28.01.2022 in criminal proceeding of Criminal Case No.871/2022, arising out of Case Crime No.134 of 2021 (State Vs. Ankur Banerjee) under sections 498A, 323, 504, 406 I.P.C. & Section 3/4 D.P. Act, Police Station-Mahila Thana, District-Gautam Budh Nagar pending in the court of learned Civil Judge (Junior Division) /F.T.C.-I Gautam Budh Nagar, in view of the compromise / settlement (M.O.U.) dated 15.12.2025.
(ii) Quash the criminal proceeding of Criminal Case No.871/2022 arising out of Case Crime No. 134 of 2021 (State Vs. Ankur Banerjee) under sections 498A, 323, 504, 406 I.P.C. & Section 3/4 D.P. Act, Police Station-Mahila Thana, District-Gautam Budh Nagar pending in the court of learned Civil Judge (Junior Division) /F.T.C.-I, Gautam Budh Nagar."
3. Learned counsel for the applicants submits that the parties have amicably settled their disputes through compromise dated 15.12.2025 which has been placed as Annexure No. "4" to the application. 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 counsel for the opposite party No. 2 does not dispute the submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him.
5. 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.
6. In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear in person before the Trial Court along with compromise deed as well certified copy of this 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.
7. 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.
8. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
9. With the aforesaid directions, this application is disposed of.
(Nand Prabha Shukla,J.)
May 7, 2026
Puspendra
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