Allahabad High Court
ADIL AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that, given the verified compromise and lack of any useful purpose in continuing the trial, the criminal proceedings were to be quashed under Section 482 Cr.P.C.
Summary
The applicants filed a Section 482 Cr.P.C. application seeking to quash the criminal proceedings (Case No. 4887 of 2019) arising from offences under Sections 323, 504, 506, 307, 328 and 354 IPC. The parties had reached an out‑of‑court compromise dated 16 October 2021, which was verified by the trial court after the High Court directed verification. Both the applicants and the second opposite party expressed that they no longer wished to pursue the prosecution. The Court examined Supreme Court precedents allowing compromise even in cognizable and non‑compoundable offences. Finding that continuation of the trial would serve no useful purpose, the Court quashed the entire proceedings. The application under Section 482 was allowed.
Issues considered
- Whether a compromise between parties can be permitted to quash criminal proceedings under Section 482 Cr.P.C. in cases involving cognizable and non‑compoundable offences
- Whether the High Court has jurisdiction to set aside proceedings on the basis of a settlement after verification
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 328, 354, 504, 506
Subjects
- compromise
- quash
- Section 482
- non‑compoundable offences
- criminal procedure
- Indian Penal Code
- settlement
- withdrawal of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 26910 of 2021
Adil And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Chandra Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Mukesh Chandra Gupta, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for
quashing the entire proceedings of Case No. 4887 of 2019 (State Vs. Adil
and others), under Sections 323, 504, 506, 307, 328, 354 I.P.C., Police
Station Kharkhauda, District Meerut, arising out of Case Crime No. 737
of 2018, pending in the court of learned Additional Chief Judicial
Magistrate, Court No. IV, District Meerut, on the basis of compromise
dated 16.10.2021.
3. Learned counsel for the applicants submitted that applicants and
opposite party no.2 have amicably settled their dispute out of the Court.
Applicant approached this Court by filing this 482 Cr.P.C. application
with prayer to quash the proceedings on terms of compromise entered
between the parties, this Court vide order dated 14.02.2022 directed the
parties to appear before the trial court for verification of the parties and
compromise application. Trial court vide order dated 29.04.2022 verified
the parties as well as compromise application. He further submitted that
applicants and opposite party no.2 compromised the matter and opposite
party No.2 does not want to proceed the matter against the applicants. He
further submitted that applicants and opposite party no.2 have settled their
dispute through compromise and, as such, opposite party no.2 does not
wish to press the aforesaid case against the applicant. Opposite party no.2
is ready to withdraw the prosecution of the applicant and in view of the
A482 No. 26910 of 2021
2
compromise, no fruitful purpose would be served if the prosecution is
allowed to go on.
4. Learned AGA submitted that both the parties have settled their dispute
out of the court, hence, no reason to proceed further.
5. The Hon'ble Apex Court in the case of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs.
State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab
(2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5
SCC 688, wherein Hon'ble Apex Court has categorically held that
compromise can be made between the parties even in respect of certain
cognizable and non-compoundable offences. Reference may also be made
to the decision given by this Court in Shaifullah and others Vs. State of
U.P. and another [2013 (83) ACC 278], in which, law expounded by the
Hon'ble Apex Court in the aforesaid cases has been explained in detail.
6. Considering the facts and circumstances of the case, as noted herein
above, and also the submissions made by learned counsel for the parties,
this Court is of the considered opinion that no useful purpose would be
served by prolonging the proceedings of the above mentioned case.
7. Accordingly, entire proceedings of aforesaid case, are hereby quashed
in terms of compromise dated 16.10.2022.
8. This application under Section 482 Cr.P.C. is accordingly allowed.
(Chawan Prakash,J.)
April 27, 2026
v.k. updh.
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
Checking your session…