ANWAR KAMAL @ KAMAL AHMAD AND 5 OTHERSversusState of UP AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 482 No. - 33973 of 2024

Anwar Kamal @ Kamal Ahmad And 5 Others
                                                              .....Applicant(s)
                                    Versus

State Of Up And 2 Others
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                :    Mohd. Aslam
Counsel for Opposite Party(s)           :    G.A., Mohammed Shadan

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Supplementary affidavit filed today in Court is taken on record.

2. Heard Mr. Mohd. Aslam, learned counsel for the applicants, Mr. Md.
Shadan, learned counsel for the opposite party No. 2, learned A.G.A. for the
State and perused the record.

3. The present application under Section 482 Cr.P.C., has been filed with a
prayer to quash the entire proceeding of Criminal Case No. 7637 of 2023
including charge sheet dated 07.12.2021 arising out of Case Crime No. 451
of 2021 under Sections 498A, 323, 506 IPC and Section 3/4 of D.P. Act,
Police Station-Kopaganj, District-Mau as well as summoning order dated
20.04.2023 passed by Judicial Magistrate/F.T.C. (Crime Against Women)
Mau, District-Mau on the basis of compromise.

4. It is submitted by learned counsel for the parties that the parties appeared
before the Court concerned for verification of the compromise dated
22.08.2024 (Annexure No. 6). The said compromise has been duly verified
by the learned Civil Judge (S.D.) F.T.C., Crime Against Women, Mau, vide
order dated 19.12.2024.

5. Learned counsel for the applicants submits that the present dispute arises
out of matrimonial discord between the applicants and the opposite party
No.2. It is also argued that the parties have willingly entered into a
settlement and not under duress or threat or coercion and are not interested
in pursuing the matter pending in the Court concerned and, therefore, the
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impugned proceedings be quashed on the ground of compromise between
the parties and they do not propose to file the counter affidavit and rejoinder
affidavit.

6. Learned A.G.A. also does not dispute the correctness of the submissions
made by the learned counsel for both the parties.

7. The law with regard to quashing of a case on the basis of settlement
arrived between the parties, is well settled. In the light of the judgment of
Hon'ble Apex Court in B.S. Joshi and Others Vs. State of Haryana and
another, (2003) 4 SCC 675, it has been held that "High Courts have the
inherent power under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash
First Information Reports (FIRs) and criminal proceedings, particularly in
matrimonial disputes where a genuine settlement has been reached between the
parties. The Court clarified that Section 320 Cr.P.C., which lists compoundable
offences, does not restrict this power, and exercising it is crucial for promoting
amicable settlements and serving the ends of justice, even if the offences are otherwise
non-compoundable."

8. In the case of State of Madhya Pradesh Vs.Laxmi Narayan (2019) 5
SCC 688, it has been held as follows:

"15.1 That the power conferred under Section 482 of the Code to quash the criminal
proceedings for the non- compoundable offences under Section 320 of the Code can
be exercised having overwhelmingly and predominantly the civil character,
particularly those arising out of commercial transactions or arising out of
matrimonial relationship or family disputes and when the parties have resolved the
entire dispute amongst themselves;

15.2. Such power is not to be exercised in those prosecutions which involved heinous
and serious offences of mental depravity or offences like murder, rape, dacoity, etc.
Such offences are not private in nature and have a serious impact on society;

15.3 Similarly, such power is not to be exercised for the offences under the special
statutes like Prevention of Corruption Act or the offences committed by public
servants while working in that capacity are not to be quashed merely on the basis of
compromise between the victim and the offender;

15.4 Offences under Section 307 IPC and the Arms Act etc. rwould fall in the category
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of heinous and serious offences and therefore are to be treated as crime against the
society and not against the individual alone, and therefore, the criminal proceedings
for the offence under Section 307 IPC and/or the Arms Act etc. which have a serious
impact on the society cannot be quashed in exercise of powers under Section 482 of
the Code, on the ground that the parties have resolved their entire dispute amongst
themselves. However, the High Court would not rest its decision merely because there
is a mention of Section 307 IPC in the FIR or the charge is framed under this
provision. It would be open to the High Court to examine as to whether incorporation
of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient
evidence, which if proved, would lead to framing the charge under Section 307 IPC.
For this purpose, it would be open to the High Court to go by the nature of injury
sustained, whether such injury is inflicted on the vital/delegate parts of the body,
nature of weapons used etc. However, such an exercise by the High Court would be
permissible only after the evidence is collected after investigation and the charge
sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible
when the matter is still under investigation. Therefore, the ultimate conclusion in
paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh
(supra) should be read harmoniously and to be read as a whole and in the
circumstances stated hereinabove"

9. The Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian
Singh Vs. State of Punjab and Another, (2012)10 SCC 303, has held that
"But the criminal cases having overwhelmingly and pre-dominatingly civil flavour
stand on different footing for the purposes of quashing, particularly the offences
arising from commercial, financial, mercantile, civil, partnership or such like
transactions or the offences arising out of matrimony relating to dowry, etc. or the
family disputes where the wrong is basically private or personal in nature and the
parties have resolved their entire dispute. In this category of cases, High Court may
quash criminal proceedings if in its view, because of the compromise between the
offender and victim, the possibility of conviction is remote and bleak and continuation
of criminal case would put accused to great oppression and prejudice and extreme
injustice would be caused to him by not quashing the criminal case despite full and
complete settlement and compromise with the victim."

10. The Hon'ble Supreme Court in Parbatbhai Ahir alias Parbatbhai
Bhimsinhbhai Karmur and others vs. State of Gujarat and another,
(2017) 9 SCC 641 has laid down broad principles of quashing the criminal
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                                    proceedings in exercise of inherent jurisdiction on the ground that "even in the
                                    non compoundable cases on the basis of compromise, criminal proceedings can be
                                    quashed so that valuable time of the court can be saved and utilized in other material
                                    cases."

                                    11. The parties have agreed to withdraw the proceedings pending amongst
                                    them in Court concerned. From perusal of the records and the law as cited
                                    above, the present case is a good case for exercise of power by the Court to
                                    quash summoning order as well as entire proceedings.

                                    12. The dispute appears to be purely of a matrimonial in nature that has been
                                    mutually settled between the parties to their entire satisfaction, therefore, no
                                    useful purpose would be served in allowing the prosecution to continue any
                                    longer.

                                    13. The present application for quashing filed under Section 482 Cr.P.C.,
                                    comes within the parameters as laid down by the Hon'ble Supreme Court
                                    in Pradeep Kumar Kesarwani Vs. State of Uttar Pradesh & Another,
                                    Criminal Appeal No. 3831 of 2025, SLP (Crl.) No. 11642 of 2019 dated
                                    02.09.2025.

                                    14. In view of above, the entire proceeding of Criminal Case No. 7637 of
                                    2023 including charge sheet dated 07.12.2021 arising out of Case Crime No.
                                    451 of 2021 under Sections 498A, 323, 506 IPC and Section 3/4 of D.P. Act,
                                    Police Station-Kopaganj, District-Mau, are hereby quashed.

                                    15. The present application under Section 482 Cr.P.C., is, accordingly,
                                    allowed.



                                                                                            (Nand Prabha Shukla,J.)
                                    May 12, 2026
                                    Aditya Tripathi




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