Allahabad High Court
TARACHNAD @ TARE AND 3 OTHERSversusState of UP AND 4 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that where the parties have settled their dispute, the criminal proceeding may be quashed under Section 482 of the Criminal Procedure Code.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash Criminal Complaint No. 4640 of 2020 (Subhash v. Tarachand) pending before the Chief Judicial Magistrate, Bijnor, on the ground that the parties had reached a compromise. Both the applicants and the opposite parties admitted the settlement and consented to the quashing of the proceedings. The Court examined the settled nature of the dispute and relied on Supreme Court precedents that allow the High Court to exercise its inherent powers to quash criminal proceedings where the parties have amicably resolved their grievances. Accordingly, the Court held that the case was suitable for quashing under Section 482. The entire proceeding was quashed and the application was allowed.
Issues considered
- Whether a criminal proceeding under Sections 452, 307 and 506 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the parties.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 452, 506
Subjects
- Criminal Procedure
- Section 482
- Quash of criminal proceedings
- Compromise settlement
- High Court jurisdiction
- Criminal complaint
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 39895 of 2024
Tarachnad @ Tare And 3 Others
.....Applicant(s)
Versus
State Of Up And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Shamsher Singh
Counsel for Opposite Party(s) : Marjeet Mishra, G.A.
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Shamsher Singh, learned counsel for the applicants, Sri Marjeet
Mishra, learned counsel for the opposite party nos.2 to 5 and, learned AGA
for the State and perused the records.
2. The present application under Section 482 Cr.P.C., has been filed by the
applicants with the prayers to quash the entire proceeding of Compliant No.
4640 of 2020, Subhash v. Tarachand @ Tare and others, under Sections 452,
307 and 506 I.P.C., Police Station Chandpur, District Bijnor, pending before
the learned Chief Judicial Magistrate, Bijnor, on the basis of compromise
entered into by the parties.
3. Learned Counsel for the applicants has submitted that the applicants and
opposite party nos. 2 to 5 have compromised the dispute, copy of the same is
annexed as annexure no.6 to the present application. It is further argued that
the said compromise has also been filed before the concerned trial Court, as
such the proceedings against the applicant may be quashed.
4. Learned counsel for opposite party nos. 2 to 5 admitted the fact of
compromise and stated that he has no objection if the proceeding of the
aforesaid case is quashed against the applicants.
5. From the perusal of the record it is apparent that parties have entered in to
compromise and have settled their dispute amicably.
6. The law with regards to quashing of a case on the basis of settlement
arrived between the parties, is well settled. The Apex Court in the cases of
(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
A482 No. 39895 of 2024
2
SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
(2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278
and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and
others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that
the cases in which the parties have settled their grievances can be quashed.
7. From perusal of the records and the law laid down by the Apex Court on
the subject matter, the present case is a good case for exercising powers by
this Court to quash the proceedings as prayed for by the applicants.
8. The entire proceedings of the aforesaid case are hereby quashed.
9. The present application is allowed.
March 20, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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