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Allahabad High Court

AMIT KUMAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The charge sheet dated 04.06.2021 and the entire criminal proceedings are quashed.

Summary

The applicants filed an application under Section 482 of the Cr.P.C. seeking quash of a charge sheet and stay of proceedings in a criminal case involving offences under Sections 498A, 323, 307, 504, 506, 354A, 354B IPC and the D.P. Act. The parties had amicably settled the dispute and filed a compromise application before the trial court, which was verified and reported to the High Court. The respondents did not contest the settlement. Relying on a series of Supreme Court decisions permitting the quash of criminal proceedings where a lawful compromise exists, the High Court held that the charge sheet and the entire proceedings should be set aside. Consequently, the application was allowed and the criminal proceedings were terminated.

Issues considered

  • Whether the High Court can quash the charge sheet and stay the criminal proceedings under Section 482 Cr.P.C. when the parties have reached an amicable settlement.
  • Whether the offences alleged (including IPC sections 498A, 323, 307, 504, 506, 354A, 354B and D.P. Act sections 3/4) are amenable to compromise and quash under the cited Supreme Court precedents.

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash of charge sheet
  • Compromise settlement
  • IPC offences
  • High Court judgment
  • Settlement of criminal case

Judgment

   HIGH COURT OF JUDICATURE AT ALLAHABAD

         APPLICATION U/S 482 No. - 35032 of 2023

Amit Kumar And 4 Others
                                                       .....Applicant(s)
                                Versus
State of U.P. and Another
                                                           .....Opposite
                                                                 Party(s)

Counsel for Applicant(s)      : Manish Kumar Singh, Pavan
                                Kishore, Sunil Kumar Gaur
Counsel for Opposite Party(s) : G.A., Kuldeep Kumar

Court No. - 77

           HON'BLE PRAVEEN KUMAR GIRI, J.

1. Heard Sri Sunil Kumar Gaur, learned counsel for the applicants
and Sri Kuldeep Kumar, learned counsel for O.P. No.2.

2. Learned counsel for the applicants submits that he has filed the
instant application under Section 482 Cr.P.C. with the relief
which has been mentioned in the prayer clause of the application.

3. The relief which has been mentioned in the application is
delineated below:-

     "It is, therefore, most respectfully prayed that this Hon'ble
     Court may graciously be pleased to quash the charge sheet
     dated 04.06.2021 arising out of Case Crime No.18/2020,
     Cognizance order dated 08.02.2022 passed by Additional
     Judicial Magistrate, Court No.6, Meerut, order dated
     30.09.2022 passed by Additional Sessions Judge Court No.3,
     Meerut framing charge and entire proceedings of case being
     Sessions Trial No.835 of 2022 ( State Vs. Amit Kumar and
     others), under Sections 498A, 323, 307, 504, 506, 354A,
     354B IPC & 3/4 D.P. Act, Case Crime No.18/2020, Police
     Station Lalkurti, District Meerut, pending before the Court of
     Additional Sessions Judge, Court No.3, Meerut.

     It is further prayed that this Hon'ble Court may graciously be
     pleased to stay the further proceedings of aforesaid case,
     during the pendency of the present application before this
                                                       A482 No. 35032 of 2023
                            2

     Hon'ble court and/or pass such other and further order, which
     this Hon'ble Court may deem fit and proper in the facts and
     circumstances of the case."

4. The parties, out of their own free will, have settled their
dispute amicably and in furtherance thereof, they have filed a
compromise application dated 26.08.2023 before the concerned
trial court. Thereafter, this Court, vide order 5.2.2026, has
directed the parties to appear before the concerned trial court for
verification of the compromise application with a direction to the
trial court to verify the compromise application in presence of
both the parties and submit a report to this Court.

5. Learned counsel for the parties have not disputed the fact that
the parties have settled their dispute amicably and they have filed
compromise application before the trial court, which has been
verified by the trial Court, vide order dated 20.02.2026, certified
copy whereof has been filed along with supplementary affidavit,
which is kept on record.

6. In the present case, the sections involved are 498A, 323, 307,
504, 506, 354A, 354B IPC & 3/4 D.P. Act, Case Crime
No.18/2020.

7. Learned counsel for the opposite party no.2 has submitted that
the O.P. No.2 does not want to proceed with the impugned
criminal proceedings.

8. Therefore, in view of the above and considering the dictum of
the Apex Court in re: B.S. Joshi and others Vs. State of
Haryana and Another; 2003 (4) SCC 675, Gian Singh vs.
State of Punjab (2012) 10 SCC 303; State of Rajasthan vs.
Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh
vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs.
Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana
Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs.
Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs.
State of Gujarat (2017) 9 SCC 641, charge sheet dated
04.06.2021 arising out of Case Crime No.18/2020, Cognizance
order dated 08.02.2022 passed by Additional Judicial Magistrate,
                                                                                              A482 No. 35032 of 2023
                                                                   3


                                        Court No.6, Meerut, order dated 30.09.2022 passed by Additional
                                        Sessions Judge Court No.3, Meerut framing charge and entire
                                        proceedings of case being Sessions Trial No.835 of 2022 (State
                                        Vs. Amit Kumar and others), under Sections 498A, 323, 307,
                                        504, 506, 354A, 354B IPC & 3/4 D.P. Act, Case Crime
                                        No.18/2020, Police Station Lalkurti, District Meerut, pending
                                        before the Court of Additional Sessions Judge, Court No.3,
                                        Meerut, are hereby quashed.

                                        9. Accordingly, the instant application is allowed.




                                        March 18, 2026
                                        SFH
                                                                                (Praveen Kumar Giri,J.)




Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad


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