Durga Prasad Tiwari And 3 Others v. State Of U.P. Thru. Prin. Secy. Home Deptt. Civil
Case at a glance
Outcome
Disposed of
Accordingly, the present application is disposed of with a direction to
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 325, 452, 504, 506
Key paragraphs
- Para 55. Accordingly, the present application is disposed of with a direction to both the parties to appear before the court concerned on 15.12.2025 and file their comprise application. If such compromise application is filed, 2 A482 No. 10301 of 2025 the court concerned shall issue…
Judgment
State-opposite party no.1 and Sri Ajay Kumar Singh, learned counsel, who has filed power on behalf of opposite party nos.2 to 6, which is taken on record.
The present application has been filed seeking quashing of the entire proceedings of Criminal Case No. 9212 of 2021, arising out of Case Crime No.388 of 2020, under Sections 323, 504, 506, 452, 34, 325 IPC, Police Station - Kurwar, District - Sultanpur pending in the Court of Additional Chief Judicial Magistrate, Room No. 21, Sultanpur.
Learned counsel for both the parties submit that parties have amicably settled their dispute outside the Court by way of compromise and the original compromise deed has been annexed as Annexure-5 to the application, therefore, the aforesaid case may be decided in terms of the compromise arrived at between the parties.
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 before the court concerned.
Operative part
Accordingly, the present application is disposed of with a direction to both the parties to appear before the court concerned on 15.12.2025 and file their comprise application. If such compromise application is filed, 2 A482 No. 10301 of 2025 the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within six weeks from that date. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record and a report to that effect shall also be send to this Court whether the said compromise took place or not. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. It will also be open to the applicant to approach this Court again for quashing of the proceedings.
For a period of three months, no coercive action shall be taken against the applicants in the aforesaid complaint case. 7 Office is directed to return the original compromise deed to the counsel for the applicant(s) after retaining a photocopy of the same on record. December 4, 2025 Mohit Singh/- (Brij Raj Singh,J.) MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present application is disposed of with a direction to
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 323, 325, 452, 504, 506.
Precedent status how later indexed judgments have treated this case
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