Allahabad High Court
RAM BABU GUPTAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The court held that, under its inherent powers, it may quash criminal proceedings where the parties have mutually compromised and the matter is of a private nature with no wider social impact.
Summary
The applicant filed an application under the inherent powers of the court seeking to quash Criminal Case No. 478 of 2013, which involved offences under Sections 323, 427, 504, 506 of the IPC and Section 3(1)(X) of the SC/ST Act. Both parties had reconciled voluntarily and executed a verified compromise deed, which was confirmed by the trial court. The State’s Additional Government Advocate conceded that the compromise was genuine. Relying on Supreme Court precedents that allow the exercise of inherent powers to achieve substantial justice, the High Court held that the dispute was private, had no broader social impact, and therefore the continuation of the criminal proceeding served no useful purpose. Consequently, the application was allowed and the entire criminal proceeding was quashed.
Issues considered
- Whether the High Court can exercise its inherent powers under Section 482 CrPC to quash a criminal proceeding on the basis of a mutual compromise between the parties.
- Whether offences under Sections 323, 427, 504, 506 IPC and Section 3(1)(X) of the SC/ST Act can be settled by compromise and the proceedings consequently dismissed.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(X)
Subjects
- compromise
- inherent powers
- Section 482 CrPC
- quash of criminal proceedings
- non‑compoundable offences
- SC/ST Act
- reconciliation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 16597 of 2013
Ram Babu Gupta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh Kumar Singh, J.S.P. Singh,
Ravish Kumar Singh
Counsel for Opposite Party(s) : Akhilesh Tripathi, Ghana Ram Niranjan,
Govt. Advocate, J.S.P. Singh, Rohit
Kumar Mishra
Court No. - 84
HON'BLE SANJIV KUMAR, J.
1. Heard Shri Brijesh Kumar Singh, learned counsel for the applicant,
Shri Rohit Kumar Mishra, learned counsel for the opposite party no. 2 and
learned A.G.A. for the State and perused the record.
2. Supplementary affidavit has been filed on behalf of learned counsel for
the applicant today in Court, is taken on record.
3. This application under Section 528 of BNSS has been filed for quashing
the entire proceeding of Criminal Case No. 478 of 2013 (State Vs. Ram
Babu Gupta and Others) arising out of Case Crime No.1049 of 2012, under
Sections 323, 427, 504 and 506 I.P.C., and Section 3(1)(X) of SC/ST Act,
Police Station- Dakore, District- Jalaun, pending in the court of learned
Chief Judicial Magistrate, Jalaun.
4. It is submitted on behalf of learned counsel for the parties that both the
parties had re-conciled their differences on their own freewill and wish
without any pressure and now living peacefully. The verified compromise
deed and verification report of the learned trial court is being filed alongwith
the supplementary affidavit.
5. Learned counsel for the applicant as well as opposite party No.2 jointly
submitted that vide order dated 08.01.2026, a direction was given to the trial
court to verify the factum of compromise executed by the parties. In
pursuance of the aforesaid order, learned trial court had verified the contents
of compromise.
A482 No. 16597 of 2013
2
6. Learned counsel for the applicant and learned counsel for opposite party
no. 2 jointly submitted that the parties have entered into compromise, which
has been duly verified by the parties before the concerned trial court court
vide verification report dated 22.01.2026, annexed along with supplementary
affidavit.
7. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the trial court.
8. Hon'ble Apex Court in catena of decisions has held that inherent power
can be used to do real and substantial justice as has been held in Gian Singh
Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of
Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab,
(2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the
process of ending the criminal proceedings where the settlement is arrived at
between the parties.
9. In view of the aforesaid facts and considering that the parties do not wish
to pursue the case any further, the dispute is essentially of a private nature
and has no wider social impact. Since it has been mutually settled between
the parties by way of a compromise, no useful purpose would be served by
proceeding with the matter further.
10. For the discussions made above, the present application is allowed
and the entire proceeding of Criminal Case No. 478 of 2013 (State Vs. Ram
Babu Gupta and Others) arising out of Case Crime No.1049 of 2012, under
Sections 323, 427, 504 and 506 I.P.C., and Section 3(1)(X) of SC/ST Act,
Police Station- Dakore, District- Jalaun, are hereby quashed.
February 11, 2026
AdityaG
(Sanjiv Kumar,J.)
Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad
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