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Allahabad High Court

SHRI PRAKASH PANDEY AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that where a valid compromise has been effected and verified, the criminal proceedings may be quashed under Section 482 of the CrPC.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the summoning order dated 07.04.2023 and the entire criminal proceedings (Case No. 2564 of 2023, Sheshdhar Dubey v. Raivshankar) pending before the Judicial Magistrate‑II, Bhadohi, which were based on Sections 120B, 465, 468 and 471 of the IPC. The applicants produced a compromise deed, which had been verified by the trial court, and the opposite party No.2 consented to the quashal. The Court examined the settled law that criminal cases may be dismissed when the parties have amicably resolved their dispute, citing several Supreme Court decisions. Finding that the facts satisfied the criteria for quashal, the Court ordered the entire proceedings to be quashed and allowed the application.

Issues considered

  • Whether criminal proceedings under Sections 120B, 465, 468 and 471 IPC can be quashed on the ground of a compromise between the parties under Section 482 CrPC.

Legislation cited

Subjects

  • criminal procedure
  • quash
  • compromise
  • Section 482 CrPC
  • IPC sections 120B, 465, 468, 471
  • settlement
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                  APPLICATION U/S 482 No. - 4025 of 2025

Shri Prakash Pandey And 2 Others
                                                            .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Ashok Kumar Singh
Counsel for Opposite Party(s) : G.A., Indra Deo Mishra, Santosh
                                Kumar Pandey

Court No. - 80
                  HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Ashok Kumar Singh, learned Counsel for the applicants, Sri
Santosh Kumar Pandey, learned Counsel for the opposite party no.2 and
learned AGA for the State and perused the records.
2. The present application under Section 528 BNSS, has been filed by the
applicants with the prayers to quash the summoning order dated
07.04.2023 as well as entire proceeding of Compliant Case No. 2564 of
2023, Sheshdhar dubey v. Raivshankar and others, under Sections 120B,
465, 468 and 471 I.P.C., pending before the Judicial Magistrate-II,
Bhadohi, on the basis of compromise entered into by the parties.
3. Learned Counsel for the applicants has submitted that the applicants
and opposite party no.2 have compromised the dispute, copy of the same
is annexed as annexure no.22 to the present application. It is further
argued that the said compromise has also been verified by the learned
Trial Court concerned, as such the proceedings against the applicants may
be quashed.
4. Learned counsel for opposite party no.2 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. 4025 of 2025
                                                                   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.


                                                                                         (Chawan Prakash,J.)
                                    March 11, 2026
                                    Vijay




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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