Allahabad High Court
PRASHANTER DHAMA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The High Court exercised its inherent power under Section 482 CrPC to quash the entire criminal proceedings.
Summary
The applicants, Prashanter Dhama and others, filed a petition under Section 482 of the CrPC seeking to quash the criminal case (Criminal Case No.33361 of 2023) pending before the Chief Judicial Magistrate, Aligarh, which involved offences under IPC sections 498‑A, 323, 504, 506, 354‑Ka and D.P. Act sections 3 and 4. The parties had amicably settled their dispute and filed a compromise application on 28‑05‑2025, which was verified by the trial court and reported to the High Court. The opposite party (O.P. No.2) expressed that it did not wish to continue the proceedings. Relying on several Supreme Court precedents interpreting the inherent power of the High Court under Section 482, the bench held that the compromise and the nature of the settled dispute warranted the quashing of the entire criminal proceedings. Consequently, the application was allowed and the proceedings, including the summoning order and charge sheet, were set aside.
Issues considered
- Whether a criminal proceeding involving offences under IPC 498‑A, 323, 504, 506, 354‑Ka and D.P. Act 3/4 can be quashed under Section 482 CrPC when the parties have reached an amicable settlement and filed a compromise application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Domestic Violence Act — s. 3, 4
- Indian Penal Code — s. 323, 354-Ka, 498-A, 504, 506
Subjects
- Section 482 CrPC
- quash of criminal proceedings
- compromise settlement
- IPC 498-A
- Domestic Violence Act
- High Court inherent powers
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 39624 of 2023
Prashanter Dhama And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Rana
Counsel for Opposite Party(s) : Ashish Kumar Singh, G.A.
Court No. - 77
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Sri Deepak Rana, learned counsel for the applicants and Sri
Maan Singh, learned counsel holding brief of Sri Ashish Kumar
Singh, 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 allow the present application and to
quash the entire proceedings of Criminal Case as well as
summoning order dated 27.06.2023 including charge sheet dated
20.10.2022 in Criminal Case No.33361 of 2023 (State of U.P. vs.
Prashanter Dhama and others) arising out of Case Crime no.244 of
2022, under section 498-A, 323, 504, 506, 354-Ka of IPC and
Section 3/4 D.P. Act, Police Station Mahua Kheda, District Aligarh,
pending in the Court of Chief Judicial Magistrate, Aligarh.
It is further prayed that this Hon'ble Court may graciously be
pleased to stay the further proceedings of Criminal
Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and
others) arising out of Case Crime no.244 of 2022, under section
498-A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act,
Police Station Mahua Kheda, District Aligarh, pending in the Court
of Chief Judicial Magistrate, Aligarh and/or pass such other and
A482 No. 39624 of 2023
2
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 28.05.2025 before the concerned trial court.
Thereafter, this Court, vide order 12.02.2026, 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 18.02.2026 and its report has also
been sent to this court, which is kept on record.
6. In the present case, the sections involved are Section 498-A, 323,
504, 506, 354-Ka of IPC and Section 3/4 D.P. Act.
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, entire
proceedings of Criminal Case as well as summoning order dated
27.06.2023 including charge sheet dated 20.10.2022 in Criminal
Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and
others) arising out of Case Crime no.244 of 2022, under section 498-
A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act, Police
Station Mahua Kheda, District Aligarh, pending in the Court of Chief
A482 No. 39624 of 2023
3
Judicial Magistrate, Aligarh, 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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