Allahabad High Court
AJAY KUMAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The application under Section 482 Cr.P.C. is allowed and the criminal proceedings are quashed.
Summary
The applicants, led by Ajay Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 27‑01‑2017 and the entire criminal proceedings (Complaint Case No. 5070 of 2016) involving offences under Sections 147, 452, 323/149, 504 and 506 of the IPC. The dispute originated from a matrimonial discord between the applicant and Opposite Party No. 2, which was later settled by a compromise that was verified by the trial court on 25‑02‑2026. The applicants submitted a supplementary affidavit with the certified copy of the compromise verification order. Both the Additional Government Advocate and the counsel for Opposite Party No. 2 agreed that, given the verified compromise, continuing the criminal case would serve no useful purpose. The High Court, after considering the submissions, held that quashing the proceedings would meet the ends of justice. Consequently, the application under Section 482 was allowed and the criminal proceedings were quashed.
Issues considered
- Whether the criminal proceedings under Sections 147, 452, 323/149, 504 and 506 IPC may be quashed under Section 482 Cr.P.C. in view of a court‑verified compromise between the parties.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 149, 323, 452, 504, 506
Subjects
- compromise
- quash
- Section 482
- Criminal Procedure Code
- matrimonial dispute
- High Court of Allahabad
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 37430 of 2017
Ajay Kumar And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kuldeep Johri
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE JAI PRAKASH TIWARI, J.
Supplementary affidavit has been filed by learned counsel for the
applicants today in the Court annexing the certified copy of compromise
verification order. The same is taken on record.
Heard learned counsel for the applicant, learned counsel for O.P. No.2
and learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash
the summoning order dated 27.01.2017 as well as entire proceedings of
Complaint Case No.5070 of 2016 under Sections 147, 452, 323/149, 504,
506 I.P.C. P.S. Kotwali, District Pilibhit.
Learned counsel for the applicants submits that dispute arises out of
matrimonial discord between the applicant and the opposite party no. 2.
The parties have reconciled their differences and a compromise has been
entered between them, the same has been verified by the court below on
25.02.2026. Certified copy of the verification order is annexed along with
supplementary affidavit filed today.
Learned Additional Government Advocate has submitted that since the
parties have entered into compromise, which has also been verified by the
concerned court, therefore, no useful purpose would be served if the
proceedings of the aforesaid case go on further.
Learned counsel for the opposite party No. 2, is also present. He has no
objection to the statement, made above.
In view of the above, it is deemed proper and meet the ends of justice that
A482 No. 37430 of 2017
2
the proceeding of the aforementioned case be quashed.
The present 482 Cr.P.C. application stands allowed, keeping in view the
compromise made by the applicants as well as opposite party no.2, the
entire proceedings of the aforesaid case, is hereby quashed.
(Jai Prakash Tiwari,J.)
April 3, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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