Allahabad High Court
SHADAB KHANversusState of U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The High Court quashed the charge sheet and the order of the Chief Judicial Magistrate, holding that the settlement between the parties justified dismissal of the criminal proceeding under Section 482 CrPC.
Summary
The applicant filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 24‑12‑2020 and the charge sheet dated 28‑01‑2018 in a case involving offences under Sections 324, 323, 504 and 506 IPC. Both parties had entered into a compromise on 07‑09‑2024, which was verified before the trial court. The State opposed the petition, but the court noted the Supreme Court’s view in Gian Singh v. State of Punjab that even non‑compoundable offences may be quashed where continuation of proceedings would be futile and contrary to justice. Relying on this precedent, the High Court allowed the application, quashing the entire criminal proceeding. The order also permitted the aggrieved party to file a recall application if dissatisfied.
Issues considered
- Whether a criminal proceeding for non‑compoundable offences can be quashed under Section 482 CrPC when the parties have reached a settlement.
- Whether the High Court has jurisdiction to set aside the charge sheet and the order of the Chief Judicial Magistrate in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 324, 504, 506
Subjects
- Criminal Procedure
- Section 482
- Quash of criminal proceedings
- Compromise settlement
- Non‑compoundable offences
- High Court jurisdiction
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 34008 of 2024
Shadab Khan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Salman Ahmad
Counsel for Opposite Party(s) : Ahmad Nawaz Ansari, G.A., Saqib Meezan
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. This application has been filed by applicants for quashing the order dated
24.12.2020 passed by Chief Judicial Magistrate, Jalaun at Orai and the charge sheet
dated 28.1.2018 arising out of Case Crime No.1044 of 2017, under Sections 324, 323,
504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun.
2. Learned counsel for both the parties submitted that the parties have settled their
dispute by way of compromise dated 07.09.2024, which has been verified in
pursuance of order dated 28.07.2025 passed by the co-ordinate Bench of this Court
and the photo copies of certified copies of the verified compromise as well as
verification proceedings have been sent by the trial court concerned, which is on
record.
3. Learned counsel for the opposite party no. 2 argued that as the parties have already
arrived at amicable settlement on 07.09.2024 in the aforesaid case and, therefore,
opposite party no. 2 is no more interested to pursue the case any more against the
applicants.
4. Heard learned counsel for the applicants and learned counsel for the Opposite Party
No.2 and learned AGA for the State.
5. 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 dispute
between the parties is put to an end and peace is resorted; securing the
ends of justice being the ultimate guiding factor."
6. Keeping in mind the position of law and facts, circumstances of the case, the
present application under Section 482 of the Code stands allowed.
A482 No. 34008 of 2024
2
7. The entire proceedings of order dated 24.12.2020 passed by Chief Judicial
Magistrate, Jalaun at Orai and the charge sheet dated 28.1.2018 arising out of Case
Crime No.1044 of 2017, under Sections 324, 323, 504, 506 I.P.C., Police Station
Kotwali Orai, District Jalaun, is hereby quashed.
8. 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.
9. The parties may file the certified copy of this order before the court concerned
within six weeks from today.
March 19, 2026
Israr
(Padam Narain Mishra,J.)
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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