Allahabad High Court
JAMEEL KHANversusState of U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that the settlement between the parties justifies quashing the criminal proceedings under its inherent powers under Section 482 CrPC.
Summary
The applicant, Jameel Khan, filed an application under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 07.05.2024 and the related criminal complaint (Case No. 1108 of 2023) involving offences under Sections 406, 452, 323, 504 and 506 IPC. The matter was referred to the Mediation and Conciliation Centre, where the parties reached a compromise, with the opposite party receiving Rs. 6,00,000. Both parties submitted that the dispute was settled and they no longer wished to pursue the criminal proceedings. The Court noted settled Supreme Court jurisprudence that criminal cases can be quashed when the parties have resolved their grievances through settlement. Accordingly, the High Court exercised its inherent powers under Section 482 CrPC and quashed the summoning order and the entire criminal proceedings. The application was allowed, effectively terminating the case.
Issues considered
- Whether a criminal proceeding can be quashed under Section 482 CrPC on the basis of a settlement between the parties
- Whether the settlement extinguishes the criminal liability for offences under Sections 406, 452, 323, 504 and 506 IPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 406, 420, 452, 504, 506
Subjects
- settlement
- compromise
- quash
- criminal proceedings
- Section 482 CrPC
- mediation
- IPC offences
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 28723 of 2024
Jameel Khan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Tyagi
Counsel for Opposite Party(s) : Ashish Tyagi, G.A., Kapil Tyagi
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned Counsel for the applicant, learned A.G.A. for the State and
learned Counsel for the opposite party no. 2 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for
quashing the impugned summoning order dated 07.05.2024 passed by the
learned Additional Civil Judge (Senior Division)/Additional Chief Judicial
Magistrate, Court No. 3, Bulandshahr and entire proceedings of Criminal
Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and
others, under Sections 406, 452, 323, 504 and 506 I.P.C., P.S. Kakod,
District Bulandshahr.
3. This Court, vide order dated 12.09.2024, referred the matter before the
Mediation and Conciliation Centre, High Court, Allahabad with the direction
that the applicant shall deposit a sum of Rs. 20,000/- at the Mediation
Centre.
4. Learned Counsel for the applicant submits that the mediation succeeded
and opposite party no.2 got Rs. 6,00,000/- from the applicant. The parties
before this Court had made a request that they have entered into a
compromise in this matter and have settled all the disputes between them
and now they do not want to proceed with this matter.
5. As per report dated 24.04.2025 of Mediation Centre, parties have entered
into compromise.
6. Learned Counsel for the opposite party no.2 submits that opposite party
no.2 has received Rs. 6,00,000/- from the applicant and he has no objection
A482 No. 28723 of 2024
2
if the impugned proceedings pending against the applicant is quashed.
7. The law with regards to quashing of a case on the basis of settlement
arrived between the parties, is well settled. The Apex Court in the cases of
(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC
675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9
SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4)
Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and
others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai
Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat
and another: (2017) 9 SCC 641 has held that the cases in which the parties
have settled their grievances can be quashed.
8. The law is well-settled by the Apex Court on the subject matter, the
present case is a good case for exercising powers by this Court to quash the
summoning order dated 22.02.2023, passed by Additional Chief Judicial
Magistrate, Court No. 1, Muzaffarnagar as well as entire proceedings of
Complaint Case No. 28516/9 of 2022 (Arun Kumar Vs. Kamal Surendra
Chugha), under Section 420 I.P.C.
9. Accordingly, the present application is allowed.
10. Hence, the summoning order dated 07.05.2024 passed by the learned
Additional Civil Judge (Senior Division)/Additional Chief Judicial
Magistrate, Court No. 3, Bulandshahr and entire proceedings of Criminal
Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and
others, under Sections 406, 452, 323, 504 and 506 I.P.C., P.S. Kakod,
District Bulandshahr, are, hereby, quashed in terms of said settlement
agreement.
March 18, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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