Allahabad High Court
PRADEEP KUMAR DUBEY AND ANOTHERversusSTATE OF U.P.AND ANOTHER
- Decided
Holding
The High Court held that, in view of the verified compromise deed, it was appropriate to exercise its inherent power under Section 482 Cr.P.C. and quash the criminal proceedings.
Summary
The petitioners filed an application under Section 482 of the Criminal Procedure Code seeking to quash Criminal Case No. 10315 of 2009, which involved offences under Sections 452, 323, 504, 506 of the IPC and Section 3(1)(x) of the SC/ST Act. During the pendency of the trial, a compromise deed was executed between the second opposite party, Rohit Raj, and the accused, Pradeep Kumar Dubey and Saurabh Dubey, and this compromise was verified by the Special Judge handling the case. The High Court examined whether the compromise, even in cases involving serious offences, justified the exercise of its inherent power to quash proceedings. Relying on the fact that the compromise removed any useful purpose for continuing the trial, the Court exercised its power under Section 482 to dismiss the criminal proceedings. Consequently, the entire case and all related proceedings were ordered to be quashed.
Issues considered
- Whether the High Court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings when a compromise has been reached between the parties in offences punishable under the IPC and the SC/ST Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 452, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(x)
Subjects
- Section 482
- quash of criminal proceedings
- compromise deed
- Inherent jurisdiction
- IPC offences
- SC/ST Act
- High Court
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 36134 of 2010
Pradeep Kumar Dubey And Another
.....Applicant(s)
Versus
State Of U.P.And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamal Singh Yadav, Ray Sahab Yadav
Counsel for Opposite Party(s) : Govt.Advocate, Harish Chandra Mishra,
Rahul Kumar Yadav
Court No. - 53
HON'BLE SANDEEP JAIN, J.
None is present.
The instant application under Section 482 of the Cr.P.C. has been filed by the
applicant with a prayer to quash the entire proceedings of Criminal Case No.
10315 of 2009, arising out of Case Crime No. 1506 of 2009, under Sections
452, 323, 504, 506 I.P.C., and Section 3(1)(x) of the SC/ST Act, P.S.
Nawabad, District Jhansi, pending before the Court of C.J.M., Jhansi.
It is apparent that during the pendency of the proceedings, a compromise has
been entered into between the opposite party No. 2, Rohit Raj, and the
accused, Pradeep Kumar Dubey and Saurabh Dubey, which has also been
verified by the Court of Special Judge, SC/ST Act, Jhansi.
In view of this, no useful purpose will be served by keeping the proceedings
pending.
Accordingly, in view of the compromise deed between the parties, the
application under Section 482 Cr.P.C. deserves to be allowed, and
consequently, the proceedings of Criminal Case No. 10315 of 2009, arising
out of Case Crime No. 1506 of 2009, under Sections 452, 323, 504, 506
I.P.C., and Section 3(1)(x) of the SC/ST Act, P.S. Nawabad, District Jhansi,
pending before the Court of C.J.M., Jhansi, along with all other proceedings
initiated thereto, are hereby quashed.
The application is accordingly allowed.
April 20, 2026
Mayank
(Sandeep Jain,J.)
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
Checking your session…