Allahabad High Court
LEEMU ALIAS ALIMUDDIN AND 7 OTHERSversusState of U.P. AND ANOTHER
- Decided
Holding
The High Court held that, on account of a duly verified compromise, the criminal proceedings must be quashed under its inherent powers under Section 482 of the Cr.P.C.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No.1547 of 2018) arising from Crime No.122 of 2013, which involved offences under Sections 147, 148, 149, 379, 489 of the IPC and Sections 3 and 5 of the SC/ST (Prevention of Atrocities) Act. Both parties had entered into a compromise, which was verified by the Additional Sessions Judge/Special Judge of the SC/ST Act in Shamli, and a report was sent to the High Court. Relying on a series of Supreme Court decisions that recognize the court’s inherent power to quash proceedings where a lawful compromise exists, the High Court held that the verified compromise justified dismissal of the case. Consequently, the court ordered that the proceedings be quashed and directed the lower court not to proceed further. The application was therefore allowed.
Issues considered
- Whether a compromise between the parties, verified by a special judge, can be a ground for quashing criminal proceedings under Section 482 Cr.P.C.
- Whether the High Court has jurisdiction to quash offences under the IPC and the SC/ST (Prevention of Atrocities) Act on the basis of a compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 149, 379, 489
- SC/ST (Prevention of Atrocities) Act — s. 3, 5
Subjects
- compromise
- quash
- Section 482
- inherent powers
- criminal proceedings
- SC/ST Act
- verification
- High Court
- Fast Track Court
- IPC offences
- settlement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 37829 of 2024
Leemu Alias Alimuddin And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Km. Sakshi Patel, Manu Saxena,
Radhamani Saxena
Counsel for Opposite Party(s) : G.A., Manglam Pandey
Court No. - 77
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. Learned counsel for the applicants submits that the present application
has been filed under Section 482 of Cr.P.C. with the relief which has been
mentioned in the prayer clause of the application. The prayer clause is
delineated below:-
"A. to quash the entire proceedings of Case No.1547 of 2018 pending in
the Court of Additional Session Judge, Fast Track Court, Shamli, arising
out of Case Crime No.122 of 2013, under Section 147, 148, 149, 379, 489
IPC & 3/5 of SC/ST Act, P.S. Kairana, District Shamli.
B. in addition to or in substitution above, to grant such other and further
relief in favour of applicants, which this Hon'ble Court may deem just and
proper in the interest of justice.."
3. Learned counsel appearing on behalf of both the parties submits that
both parties have entered into compromise and have settled the dispute
amicably out of the Court.
4. Learned counsel for opposite party no.2 submits that the opposite party
no. 2 does not want to proceed with the criminal case against the
applicants, and the reason has been mentioned in the compromise
application. It is further submitted that the opposite party has not received
any compensation as victim under the SC/ST (Prevention of Atrocities)
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2
Act and its report has also been submitted by the District Social Welfare
Officer, District- Shamli, which is mentioned in the compromise
verification report/order dated 3.3.2025 of Additional Sessions
Judge/Special Judge, SC/ST (Prevention of Atrocities) Act, Shamli.
5. This Court, vide order dated 3.12.2024, directed both parties to appear
before the concerned Court for verification of the compromise. The
concerned Court was directed to verify the compromise application and
submit a report to this Court.
6. In compliance with the order of this Court, both the parties appeared
before the Additional Sessions Judge/Special Judge, SC/ST (Prevention
of Atrocities) Act, Shamli, and the concerned Court had verified the
compromise application vide report/order dated 3.3.2025 and submitted
report to this Court.
7. Learned counsel for the parties have relied upon the law laid down by
the Hon'ble Supreme Court in Ramawatar v. State of Madhya
Pradesh, (2022) 13 SCC 635, 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 and submits
that the entire criminal proceedings be quashed on the basis of
compromise.
8. Therefore, in view of the compromise arrived at between the parties,
which has been duly verified by the Additional Sessions Judge/Special
Judge, SC/ST (Prevention of Atrocities) Act, Shamli, and the law laid
down by Hon'ble the Supreme Court, the entire proceedings of Case
No.1547 of 2018 pending in the Court of Additional Session Judge, Fast
Track Court, Shamli, arising out of Case Crime No.122 of 2013, under
Section 147, 148, 149, 379, 489 IPC & 3/5 of SC/ST Act, P.S. Kairana,
District Shamli, are quashed.
9. The concerned Court is directed not to proceed with the case as the
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matter has already been settled by the parties on the basis of compromise.
10. Accordingly, this application stands allowed.
(Praveen Kumar Giri,J.)
March 20, 2026
DKS
Digitally signed by :-
DEEPAK KUMAR SRIVASTWA
High Court of Judicature at Allahabad
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