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Allahabad High Court

KARAN AND 4 OTHERSversusState of UP AND ANOTHER

Decided

Holding

The High Court quashed the criminal complaint proceedings under Section 482 Cr.P.C., finding that continuation would be futile given the settlement, and ordered the release of the remaining 40% amount to opposite party No. 2.

Summary

The applicant filed an application under Section 482 of the Cr.P.C. seeking quash of criminal proceedings (Complaint No. 1190 of 2021) that alleged offences under Sections 498A, 323, 504 IPC and Sections 3/4 of the Domestic Violence Protection Act. The applicant had deposited Rs. 15.50 lakhs as directed by the court, of which 60% was released to the opposite party No. 2 and the balance was held pending the outcome of a divorce petition. The divorce decree, passed by the Family Court, Etawah under Section 13‑B of the Hindu Marriage Act, settled all disputes between the parties. Relying on the Supreme Court’s decision in Gian Singh v. State of Punjab, the High Court held that continuing the criminal case would be futile despite the offences not being compoundable. Consequently, the High Court allowed the application, quashed the criminal complaint, and ordered the release of the remaining 40% amount to opposite party No. 2.

Issues considered

  • Whether a criminal proceeding for non‑compoundable offences can be quashed under Section 482 Cr.P.C. when the parties have settled their dispute through a divorce decree.
  • Whether the remaining deposit held by the Registrar should be released to the opposite party.

Legislation cited

Subjects

  • Section 482 Cr.P.C.
  • quash of criminal proceedings
  • settlement of dispute
  • non‑compoundable offences
  • Hindu Marriage Act
  • divorce decree
  • Domestic Violence Protection Act

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD

               APPLICATION U/S 482 No. - 236 of 2024

Karan And 4 Others
                                                                    .....Applicant(s)
                                      Versus
State of U.P. and Another
                                                                       .....Opposite
                                                                             Party(s)

Counsel for Applicant(s)      : Pankaj Kumar Mishra
Counsel for Opposite Party(s) : Bhupendra Singh, G.A., Monika Pal

Court No. - 82
                HON'BLE PADAM NARAIN MISHRA, J.

1. Heard learned counsel for the applicant, learned AGA for the state and
perused the material available on records.

2. Learned counsel for the applicants has submitted that under the direction
of the Court, applicant deposited Rs. 15.50 lakhs before the Registrar
General of this Court in pursuance of order dated 14.03.2024 and 05.08.2024
. Out of which 60% amount has been released in favour of opposite party no.
2, by order dated 11.11.2024. He has further submitted that 40% amount was
deposited in the Nationalized Bank, which was subject to decision of divorce
petition. The divorce decree has been passed by competent court, Etawah,
under Section 13 - B of Hindu Marriage Act, which disclosed that all dispute
between the parties have been settled and the parties or not interested further
to prosecute the case.

3. 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;
                                                                                                      A482 No. 236 of 2024
                                                                       2

                                           securing the ends of justice being the ultimate guiding factor."

                                    4. Keeping in mind the position of law, facts and circumstances of the case,
                                    the present application under Section 482 Cr.P.C. stands allowed

                                    5. The entire proceedings of Complaint Case No. 1190 of 2021 (Smt.
                                    Oshima v. Karan and Others), under Sections 498A, 323, 504 of IPC and
                                    Section 3/4 D.P. Act, Police Station Friends Colony, District Etawah, as well
                                    as summoning order dated 12.12.2023, is hereby quashed.

                                    6. 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.

                                    7. The parties may file the certified copy of this order before the court
                                    concerned within six weeks from today.
                                    8. Applicant deposited Rs. 15.50 lakhs before the Registrar General of this
                                    Court in pursuance of dated 14.03.2024 and 02.05.2024 passed by the co -
                                    ordinate bench of this court. Out of which 60% amount has been released in
                                    favour of opposite party no. 2 in pursuance of the order dated 11.11.2024.
                                    The remaining 40% amount was deposited in the Nationalized Bank, which
                                    was subject to decision of divorce petition. The divorce decree dated
                                    15.07.2025 has been passed by the Principal Judge, Family Court, Etawah
                                    under Section 13 - B of Hindu Marriage Act which available at the page no.
                                    7 of the supplementary affidavit. Considering aforesaid facts, the Registrar
                                    General of this Court is directed to release the remaining 40% amount in
                                    favour of opposite party no. 2.


                                    March 19, 2026
                                    v.k. updh.
                                                                                        (Padam Narain Mishra,J.)




Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad


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