Allahabad High Court
KARAN RATHOREversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The High Court allowed the application under Section 482 CrPC and quashed the criminal proceedings.
Summary
The applicant, Karan Rathore, filed an application under Section 482 of the Criminal Procedure Code seeking quash of criminal proceedings (S.T. No. 480 of 2023) instituted under IPC sections 323, 328, 504 and 506. The applicant had deposited Rs. 15.50 lakhs as directed by the court, part of which was released to the opposite party and the balance held pending a divorce decree. The divorce decree, passed under Section 13B of the Hindu Marriage Act, settled all disputes between the parties, who expressed no desire to continue the prosecution. Relying on the Supreme Court’s observation in Gian Singh v. State of Punjab (2012) that continuation of non‑compoundable offences may be futile when the dispute is settled, the High Court allowed the application. Consequently, the criminal proceedings were quashed, and the parties were directed to file a certified copy of the order within six weeks.
Issues considered
- Whether criminal proceedings under non‑compoundable offences can be quashed under Section 482 CrPC when the parties have settled their dispute through a divorce decree.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Hindu Marriage Act — s. 13B
- Indian Penal Code — s. 323, 328, 504, 506
Subjects
- Section 482
- quash of criminal proceedings
- divorce settlement
- Hindu Marriage Act
- IPC offences
- inherent powers of High Court
- non‑compoundable offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 31280 of 2024
Karan Rathore
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
2. Learned counsel for the applicant 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 dated 14.03.2024 and 05.08.2024 passed by the
co - ordinate bench of this court in the Application u/s 482 No. 236 of 2024. Out
of which 60% amount has been released in favour of opposite party no. 2, in
pursuance of order dated 11.11.2024 in the Application u/s 482 No. 236 of 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 13B 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
A482 No. 31280 of 2024
2
dispute between the parties is put to an end and peace is resorted;
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 S.T. No. 480 of 2023 (State v. Karan Rathor),
under Sections, 323, 328, 504, 506 of IPC, Police Station Friends Colony,
District Etawah, as well as summoning order dated 11.11.2022, 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.
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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