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Allahabad High Court

LALLU SHARMA ALIAS LALLU VASHISHTHA AND 3 OTHERSversusState of UP AND ANOTHER

Decided

Holding

The High Court held that its inherent power under Section 482 CrPC may be exercised to quash the criminal proceedings when the parties have mutually settled the dispute, even though the offences include Section 406 IPC.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash Criminal Case No. 33811 of 2023, which involved charges of cheating (Sec. 420 IPC) and criminal breach of trust (Sec. 406 IPC). The parties had reconciled voluntarily and executed a verified compromise deed, which was confirmed by the trial court on 21.02.2026. Both the applicants' and the opposite party's counsel jointly submitted that the compromise was genuine and that the dispute was of a private nature with no broader social impact. Citing Supreme Court precedents on the exercise of inherent powers to achieve substantial justice, the High Court held that it could quash the proceedings despite the nature of the offences. Consequently, the application was allowed and the criminal proceedings were entirely quashed.

Issues considered

  • Whether the High Court can exercise its inherent powers under Section 482 CrPC to quash criminal proceedings where the parties have reached a mutual compromise, even for offences under Sections 420 and 406 IPC.
  • Whether a compromise in offences that are generally non‑compoundable can be recognized for the purpose of terminating the prosecution.

Legislation cited

Subjects

  • compromise
  • inherent powers
  • Section 482 CrPC
  • quash criminal proceedings
  • cheating
  • criminal breach of trust
  • settlement
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

               APPLICATION U/S 482 No. - 30597 of 2024

Lallu Sharma Alias Lallu Vashishtha And 3 Others
                                                               .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)              :   Rajendra Kumar Srivastava
Counsel for Opposite Party(s)         :   Brijesh Kumar Srivastava, G.A.

Court No. - 83
                      HON'BLE SANJIV KUMAR, J.

1. Heard Shri Rajendra Kumar Srivastava, learned Counsel for the
applicants, Shri Brijesh Kumar Srivastava, learned Counsel for opposite
party no.2 and Shri Akhilesh Kumar Mishra, learned A.G.A on behalf of 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. 33811 of 2023 (State Vs. Lallu
Vashishtha and Others) arising out of Case Crime No.384 of 2023, under
Sections- 420 and 406 IPC, Police Station- Narkhi, District- Firozabad, and
charge-sheet dated 08.02.2024 as well as cognizance and summoning order
dated 24.04.2024, pending in the court of Additional Chief Judicial
Magistrate-I, Firozabad.

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 applicants as well as opposite party No.2 jointly
submitted that vide order dated 27.01.2026, 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. 30597 of 2024
                                                                    2

                                    6. Learned counsel for the applicants 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 order dated 21.02.2026, 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. 33811 of 2023 (State Vs.
                                    Lallu Vashishtha and Others) arising out of Case Crime No.384 of 2023,
                                    under Sections- 420 and 406 IPC, Police Station- Narkhi, District-
                                    Firozabad, and charge-sheet dated 08.02.2024 as well as cognizance and
                                    summoning order dated 24.04.2024, are hereby quashed.

                                    April 2, 2026
                                    AdityaG
                                                                                              (Sanjiv Kumar,J.)




Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad


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