Allahabad High Court
RIZWAN HABIB AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that where parties have amicably settled and no useful purpose remains in continuing prosecution, the proceedings may be quashed under Section 482 of the CrPC.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash Criminal Case No. 1079 of 2020, which involved charges under Sections 498-A, 323 IPC and Sections 3/4 of the Dowry Prohibition Act. The parties had reached an out‑of‑court compromise dated 25 February 2026, which was verified by the trial court. Both the applicants and the second opposite party expressed a desire to withdraw the prosecution, arguing that continuation of the case would serve no useful purpose. The High Court, relying on Supreme Court precedents that permit compromise even in cognizable and non‑compoundable offences, held that the proceedings could be dismissed. Consequently, the court quashed the entire criminal proceedings and allowed the application under Section 482.
Issues considered
- Whether a compromise between parties can justify quashing pending criminal proceedings under Section 482 CrPC in cases involving cognizable and non‑compoundable offences.
- Whether the High Court has jurisdiction to set aside the trial court's proceedings on the basis of a verified compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A
Subjects
- compromise
- quash
- criminal proceedings
- Section 482 CrPC
- non‑compoundable offence
- dowry prohibition
- domestic violence
- court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 31906 of 2024
Rizwan Habib And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Pandey, Ashok Kumar
Tiwari
Counsel for Opposite Party(s) : Anuj Kumar Dwivedi, G.A., Lavkush
Kumar Shukla, Rajesh Kumar
Chitragupt
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Supplementary Affidavit filed by counsel for the applicants, which is
taken on record.
2. Heard Mr. Ashok Kumar Tiwari, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed for
quashing the entire proceedings of Criminal Case No. 1079 of 2020 (State
Vs. Furqan Habib and others), under Sections 498-A, 323 I.P.C. and 3/4
D.P. Act, Police Station Mantola, District Agra, arising out of Case Crime
No. 0112 of 2020, pending in the court of learned Civil Judge (J.D.),
Court No.6, Agra, on the basis of compromise dated 25.02.2026.
4. 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 application under Section
482 Cr.P.C. with prayer to quash the proceedings in terms of compromise
entered between the parties and this Court vide order dated 16.02.2026
directed the parties to appear before the trial court for verification of the
parties and compromise application. Trial court vide order dated
25.02.2026 verified the parties as well as compromise application. 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
A482 No. 31906 of 2024
2
wish to press the aforesaid case against the applicants. Opposite party
no.2 is ready to withdraw the prosecution of the applicant and in view of
the compromise, no fruitful purpose would be served if the prosecution is
allowed to go on.
5. Learned counsel for the opposite party no. 2 and learned A.G.A.
submitted that both the parties have settled their dispute out of the court,
hence, no reason to proceed further.
6. 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.
7. 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.
8. Accordingly, entire proceedings of Criminal Case No. 1079 of 2020
(State Vs. Furqan Habib and others), under Sections 498-A, 323 I.P.C.
and 3/4 D.P. Act, Police Station Mantola, District Agra, arising out of
Case Crime No. 0112 of 2020, pending in the court of learned Civil Judge
(J.D.), Court No.6, Agra, are hereby quashed in terms of compromise
dated 25.02.2026.
9. This application under Section 482 Cr.P.C. is accordingly allowed.
(Chawan Prakash,J.)
September 15, 2026
v.k. updh.
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
Checking your session…