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Allahabad High Court

ASHOK BAGHEL AND 5 OTHERSversusSTATE OF U.P.AND ANOTHER

Decided

Holding

The High Court allowed the Section 482 application and quashed the criminal proceedings.

Summary

The accused-applicants filed an application under Section 482 of the Criminal Procedure Code seeking quash of criminal proceedings instituted under Sections 395 and 397 of the Indian Penal Code. The parties had entered into a compromise, which was verified by the Special Judge on 17.11.2016, and the complainant, Sagar Singh, expressed that he did not wish to pursue the case further. The High Court examined whether a compromise and the complainant's desire to withdraw justified the exercise of its inherent powers under Section 482 to dismiss the proceedings. Finding that the settlement removed any useful purpose for continuing the trial, the Court allowed the application. Consequently, the proceedings of S.S.T. No. 566 of 2013 and all consequential proceedings were quashed.

Issues considered

  • Whether the High Court can quash criminal proceedings under Sections 395 and 397 IPC using its inherent powers under Section 482 CrPC when the parties have reached a compromise and the complainant does not wish to continue the prosecution.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Compromise
  • Quash of proceedings
  • IPC 395
  • IPC 397
  • High Court
  • Settlement

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 482 No. - 32650 of 2016

Ashok Baghel And 5 Others
                                                           .....Applicant(s)
                                  Versus

State Of U.P.And Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)          :   Ajay Dubey, Hans Nath Pandey
Counsel for Opposite Party(s)     :   G.A., Ramesh Chandra Upadhyay

Court No. - 73
                     HON'BLE SANDEEP JAIN, J.

Heard learned counsel for the accused-applicants. Service upon
respondent no. 2 is sufficient, however, none has appeared on his behalf.

By order dated 27.11.2021, the accused-applicants were directed to place
the compromise on record. In compliance with the aforesaid order, the
accused-applicants have filed a compromise entered into between the
accused-applicants, namely, Ashok Baghel, Sanjay Baghel, Sheelendra,
Santosh, Smt. Guddi Devi and Shiv Shankar, and the
complainant/respondent no. 2, Sagar Singh. The said compromise was
verified by the learned Special Judge, D.A.A., Agra, on 17.11.2016.

A certified copy of the aforesaid compromise has also been filed by the
accused-applicants, which forms part of the record of S.S.T. No. 566 of
2013, Sagar Singh v. Ashok Baghel and others, under Sections 395 and
397 IPC, Police Station Etmadpur, District Agra. The compromise records
that the accused-applicants and the complainant/respondent no. 2 have
amicably settled their dispute and that the complainant does not wish to
pursue the criminal proceedings any further.

In view of the settlement arrived at between the parties and considering
the fact that the complainant does not wish to pursue the matter, no useful
purpose would be served by keeping the criminal proceedings pending.

Accordingly, the application under Section 482 Cr.P.C. is allowed. The
proceedings of S.S.T. No. 566 of 2013, Sagar Singh v. Ashok Baghel and
                                                                                         A482 No. 32650 of 2016
                                                                  2


                                    others, under Sections 395 and 397 IPC, Police Station Etmadpur, District
                                    Agra, as well as all consequential proceedings arising therefrom, are
                                    hereby quashed.

                                    October 1, 2026
                                    Himanshu

                                                                                           (Sandeep Jain,J.)




Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad


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