Allahabad High Court

RAM PRATAP AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 18 March 2026
Bench: PADAM NARAIN MISHRA

Holding

A High Court may quash criminal proceedings under Section 482 Cr.P.C. where the parties have settled the dispute, as continuation would be futile and contrary to the ends of justice.

Summary

The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the charge‑sheet, cognizance and summons in a criminal case (Criminal Case No. 19385 of 2024) involving offences under Sections 323, 504, 506 and 308 IPC. Both parties submitted that they had settled the dispute by a compromise dated 26‑11‑2024, which was verified by the trial court. The State, as a respondent, did not oppose the settlement. Relying on the Supreme Court’s decision in Gian Singh v. State of Punjab, the High Court held that continuation of criminal proceedings despite a settlement, even of non‑compoundable offences, would be futile and contrary to the ends of justice. Consequently, the High Court allowed the application and quashed the entire criminal proceedings. The order also directed the parties to file a certified copy with the trial court within six weeks.

Issues considered

Whether a High Court may quash criminal proceedings under Section 482 Cr.P.C. when the parties have reached a settlement, even though the offences are non‑compoundable.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 308, 323, 504, 506

Subjects

Section 482 Cr.P.C.
quash of criminal proceedings
settlement
non‑compoundable offences
high court jurisdiction
criminal procedure
Indian Penal Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 3459 of 2025

Ram Pratap And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Rakesh Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.

1. The present application under Section 482 Cr.P.C. has been filed for
quashing of the Charge-sheet dated 25.06.2023, cognizance as well as
summoning order dated 03.05.2024, in criminal Case No. 19385 of 2024
(State vs. Ram Pratap and others) arising out of Case crime No. 318 of 2023,
under Section 323, 504, 506, 308 I.P.C., Police Station Barhalganj, District
Gorakhpur, pending in the court of Additional Civil Judge (S.D.), Court No.
3, Gorakhpur.
2. Learned counsel for both the parties submitted that the parties have settled
their dispute by way of compromise dated 26.11.2024, which has been
verified in pursuance of order dated 18.04.2025 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 26.11.2024 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
A482 No. 3459 of 2025
2

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.

7. The entire proceedings of Charge-sheet dated 25.06.2023, cognizance as
well as summoning order dated 03.05.2024, in criminal Case No. 19385 of
2024 (State vs. Ram Pratap and others) arising out of Case crime No. 318 of
2023, under Section 323, 504, 506, 308 I.P.C., Police Station Barhalganj,
District Gorakhpur, pending in the court of Additional Civil Judge (S.D.),
Court No. 3, Gorakhpur, 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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