Allahabad High Court
KISHAN KUMAR SAINI ALIAS GOPALversusState of U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The High Court held that, on account of a verified compromise between the parties, the criminal proceedings under Sections 354A and 504 IPC may be quashed under its inherent powers under Section 482 CrPC.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 3001 of 2021) instituted by the State of Uttar Pradesh against Kishan Kumar Saini under Sections 354A and 504 of the IPC. The parties had entered into a compromise, which was verified by the Civil Judge (S.D.) Fast Court, Ghaziabad on 21‑10‑2024, and the State’s counsel conceded the existence of the settlement. Relying on the Supreme Court’s catena of decisions, the High Court held that its inherent power can be exercised to end criminal proceedings where a genuine compromise has been effected and the dispute is of a private nature. Consequently, the Court allowed the application and quashed the entire criminal proceedings, including the charge sheet and cognizance order dated 7‑9‑2018. The decision underscores the Court’s authority to use its inherent jurisdiction to achieve real and substantial justice in cases settled between parties.
Issues considered
- Whether the High Court can exercise its inherent power under Section 482 CrPC to quash criminal proceedings where the parties have reached a verified compromise.
- Whether a compromise is permissible and sufficient to extinguish liability under Sections 354A and 504 IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 354A, 504
Subjects
- Section 482 CrPC
- compromise
- quash of criminal proceedings
- IPC 354A
- IPC 504
- inherent jurisdiction
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 23927 of 2024
Kishan Kumar Saini Alias Gopal
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jahangir Haider
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Mr. Jahangir Haider, learned counsel for the applicants, Sri
Rajnesh Sharma, learned A.G.A. for the State of U.P. and perused the
record.
2. This application under Section 482 Cr.P.C has been filed for quashing
the entire proceedings of Case No. 3001 of 2021 ( State Vs. Kishan
Saini), arising out of Case Crime No. 189 of 2018, under Sections 354A,
504 IPC, Police Station Link Road, District Ghaziabad pending before the
learned Senior Division (FTC), District Ghazaibad as well as charge sheet
as well as cognizance order 7.9.2018.
3. Learned counsel for the applicants submitted that vide order dated
29.08.2024, a direction was given to the court concerned to verify the
factum of compromise executed by the parties. In pursuance of the
aforesaid order, the court concerned had verified the contents of
compromise.
4. Learned counsel for the applicants further submitted that the parties
have entered into compromise, which has duly been verified by the court
concerned namely, Civil Judge (S.D.)/ Fast Court, Ghaziabad vide order
dated 21.10.2024
5. In this regard, the court concerned i.e. learned Civil Judge (S.D.)/ Fast
Court, Ghaziabad has sent report dated 21.10.2024, along with
verification order and verified compromise, which shows that both the
A482 No. 23927 of 2024
2
parties appeared before the Court and verified the compromise.
6. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the court
below.
7. 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.
8. 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.
9. For the discussions made above, the present application is allowed and
the entire proceedings of Case No. 3001 of 2021 ( State Vs. Kishan
Saini), arising out of Case Crime No. 189 of 2018, under Sections 354A,
504 IPC, Police Station Link Road, District Ghaziabad pending before the
learned Senior Division (FTC), District Ghazaibad as well as charge sheet
as well as cognizance order 7.9.2018, are hereby quashed.
(Sanjiv Kumar,J.)
April 20, 2026
SFH
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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