Hon’ble Allahabad High Court while listening to an application under Section 482 of the Code of Criminal Procedure, 1973 here on 10-01-2019 stated that whether a Compromise has taken place or not can best be ascertained by the Court where the proceedings are pending.

The above decision was given in the case of Anuj Kumar Alias Sumit Kumar And 2 Others v. State of U.P And Another in which hon’ble court declared that in the matters related compromise, the reality of compromise can be found by the court in which the matter is pending.

BRIEF FACTS OF THE CASE

The appellants were accused under Sections 392 and 364 of the Indian Penal Code, 1860 pending in the court of Additional District Judge, Budaun. As per the application on account of the intervention of their well wishers, a compromise has been done between the parties on 15.09.2018.

Thus, this application under Section 482 of the Code of Criminal Procedure, 1973 was filed to quash the ongoing proceedings in the lower court.

DECISION OF THE SUPREME COURT

Hon’ble Court held that whether a Compromise has taken place or not can best be ascertained by the Court where the proceedings are pending, after ensuring the presence of the parties before it.

Court listed the case on 21.02.2019 before the appropriate bench but before that ordered to verify the said compromise by the presence of both the parties in the lower court and to submit the report before this court.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgementID=6909995