Laxman Singh vs State Of U.P. Thru. Prin. Secy. (Home) ...
- Neutral2026:AHC-LKO:32511
Ratio decidendi
The rule this decision rests on
Where a compromise deed is filed in criminal proceedings for offences under sections 279 and 304A of the Indian Penal Code and section 184 of the Motor Vehicles Act, the trial court must issue notices to all signatories requiring their personal presence and thereafter proceed to verify the compromise; only upon verification shall the compromise be made part of the record and certified copies issued to the parties. Upon verification of a compromise in such proceedings, the trial court shall prepare a report to that effect, and it shall thereafter be open to the applicant to approach the High Court for quashing of the proceedings. The verification of whether parties have in fact compromised a matter can only be properly ascertained by the trial court through examination of the compromise in the presence of the parties concerned, rather than by the High Court at the stage of an application to quash. Where a compromise is sought to be relied upon in criminal proceedings relating to motor vehicle offences causing death or injury, the trial court must examine whether all parties against whom the chargesheet was filed are parties to the compromise, and shall report its findings on this question along with its verification order.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Ms Simran Kaur, 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 applicant, Ms Simran Kaur, 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 proceedings of F.I.R. No. 0367 of 2022 under sections 279 and 304A of IPC and section 184 of the Motor Vehicles Act registered at Police Station Sampurnanagar District Lakhimpur Kheri including the chargesheet dated 20.02.2023 and the summoning order passed by the learned trial court, Additional Chief Judicial Magistrate, court no. 5, Lakhimpur Kheri.
Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 21.04.2026 which has been annexed as annexure no. 5 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 applicant is the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed.
On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicant 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 applicant and the criminal proceedings against the applicant 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 applicant to approach this Court again for quashing of the proceedings.
For a period of three months, the proceedings initiated in pursuance of F.I.R. No. 0367 of 2022 under sections 279 and 304A of IPC and section 184 of the Motor Vehicles Act registered at Police Station Sampurnanagar District Lakhimpur Kheri, shall remain stayed so far as applicant is concerned.
The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.
Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same.
(Shree Prakash Singh,J.)
May 6, 2026
Mayank
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