Allahabad High Court
UDHAM YADAV ALIAS JITENDRA SINGH ALIAS UDHAM SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The High Court quashed the charge sheet and the magistrate’s order, holding that the settlement rendered continuation of the criminal proceeding futile.
Summary
The applicants filed a Section 482 application seeking to quash the order dated 24‑12‑2020 of the Chief Judicial Magistrate, Jalaun, and the charge sheet dated 28‑01‑2018 relating to offences under Sections 324, 323, 504 and 506 IPC. Both parties had entered into a compromise on 14‑10‑2024, which was verified before the High Court. The State argued that the settlement was final and it no longer wished to pursue the case. Relying on the Supreme Court’s decision in Gian Singh v. State of Punjab, the Court held that continuation of criminal proceedings in a settled dispute, even if the offences are non‑compoundable, would be futile. Consequently, the High Court allowed the application and quashed the entire criminal proceeding. The order also permitted the aggrieved party to file a recall application if he felt duped.
Issues considered
- Whether a criminal proceeding for non‑compoundable offences can be quashed under Section 482 of the CrPC when the parties have reached a settlement.
- Whether the High Court has jurisdiction to set aside the charge sheet and the magistrate’s order on the basis of a compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 324, 504, 506
Subjects
- Section 482 CrPC
- quash of criminal proceedings
- settlement/compromise
- non‑compoundable offences
- High Court jurisdiction
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 1035 of 2025
Udham Yadav Alias Jitendra Singh Alias Udham Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Salman Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. This application has been filed by applicants for quashing the order dated
24.12.2020 passed by Chief Judicial Magistrate, Jalaun at Orai and the charge sheet
dated 28.1.2018 arising out of Case Crime No.1044 of 2017, under Sections 324, 323,
504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun.
2. Learned counsel for both the parties submitted that the parties have settled their
dispute by way of compromise dated 14.10.2024, which has been verified in
pursuance of order dated 28.07.2025 passed by the co-ordinate Bench of this Court
and the photo copies of certified copies of the verified compromise as well as
verification proceedings have been sent by the trial court concerned, which is on
record.
3. Learned counsel for the opposite party no. 2 argued that as the parties have already
arrived at amicable settlement on 14.10.2024 in the aforesaid case and, therefore,
opposite party no. 2 is no more interested to pursue the case any more against the
applicants.
4. Heard learned counsel for the applicants and learned counsel for the Opposite Party
No.2 and learned AGA for the State.
5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab &
another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58)
"58. Where the High Court quashes a criminal proceeding having
regard to the fact that the dispute between the offender and the victim
has been settled although the offences are not compoundable, it does
so as in its opinion, continuation of criminal proceedings will be an
exercise in futility and justice in the case demands that the dispute
between the parties is put to an end and peace is resorted; securing the
ends of justice being the ultimate guiding factor."
6. Keeping in mind the position of law and facts, circumstances of the case, the
present application under Section 482 of the Code stands allowed.
A482 No. 1035 of 2025
2
7. The entire proceedings of order dated 24.12.2020 passed by Chief Judicial
Magistrate, Jalaun at Orai and the charge sheet dated 28.1.2018 arising out of Case
Crime No.1044 of 2017, under Sections 324, 323, 504, 506 I.P.C., Police Station
Kotwali Orai, District Jalaun, is hereby quashed.
8. This order is being passed by this Court after hearing the contesting parties. If at all,
opposite party no. 2 feels that he has been duped or betrayed, then in that event, he
may file recall application explaining the reasons for filing the said application.
9. The parties may file the certified copy of this order before the court concerned
within six weeks from today.
March 19, 2026
Israr
(Padam Narain Mishra,J.)
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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