Om Prakash And 3 Others vs State Of U.P. Thru. Prin. Secy. Home ...
- Neutral2026:AHC-LKO:32538
Ratio decidendi
The rule this decision rests on
Where parties to criminal proceedings under Sections 498-A, 323, and 504 IPC and the Dowry Prohibition Act file a compromise before the trial court, the court must issue notices requiring the personal presence of all signatories to the compromise and thereafter proceed to verify it; if verified, the court shall prepare a report incorporating the verified compromise into the record, and the parties may then approach the High Court for quashing of proceedings on the basis of such verified compromise and report. The verification of a compromise in criminal proceedings arising from allegations under Sections 498-A, 323, 504 IPC and the Dowry Prohibition Act must be conducted by the trial court in the personal presence of all parties concerned before the compromise can be accepted as the foundation for any relief, including quashing of proceedings. Where a petition seeks to quash criminal proceedings on the ground of compromise, the trial court is the appropriate forum to ascertain and verify whether the parties have in fact compromised the matter, rather than the High Court proceeding on unverified assertions of compromise.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rajesh Kumar Shukla, Prerana Yadav
Counsel for Opposite Party(s)
:
G.A.
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J.
Sri Shivam Awasthi, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party nos. 2 & 3 and the same is taken on record.
Heard learned counsel for the applicants, Sri Shivam Awasthi, learned counsel for opposite party nos. 2 & 3, 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 the Criminal Case No. 32427 of 2021 "State Versus Om Prakash and others" arising out of Case Crime No. 286 of 2019 Under Sections 498-A/323/504 I.P.C. and Section 3/4 Dowry Prohibition Act Police Station-Kakori, District-Lucknow pending in the Court of Additional Chief Judicial Magistrate, VI, Lucknow as well as impugned summoning order dated 17.8.2021 and impugned charge sheet dated 3.1.2020 contained in Annexure No.1 and 2 to the accompanying affidavit, in the interest of justice.
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 under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 08.04.2026 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 parties 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. 32427 of 2021 arising out of Case Crime No. 286 of 2019 Under Sections 498-A/323/504 I.P.C. and Section 3/4 Dowry Prohibition Act Police Station-Kakori, District-Lucknow, shall remain stayed so far as applicants are 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 applicants, if any, after taking the photocopy of the same.
(Shree Prakash Singh,J.)
May 6, 2026
Mayank
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