Allahabad High Court
RAJU @ RAJ KUMAR AND 3 OTHERSversusSTATE OF UP AND 2 OTHERS
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The High Court quashed the charge sheet and all proceedings, holding that the settlement between the parties justified dismissal of the non‑compoundable offences under Section 482 Cr.P.C.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash charge sheet No.24 of 2020 and the entire criminal proceedings (S.T. No.100 of 2024) arising from Crime No.17 of 2020, which involved offences under sections 323, 324, 325, 308, 452, 504 and 506 of the IPC. Both parties submitted that they had reached a compromise on 17 September 2024, which was verified by the trial court as per an order dated 12 August 2025. The State, as the opposite party, indicated it no longer wished to pursue the case. The High Court, relying on the Supreme Court’s decision in Gian Singh v. State of Punjab (2012) 10 SCC 303, held that continuation of proceedings would be futile despite the offences being non‑compoundable. Consequently, the application was allowed and the charge sheet and all related proceedings were quashed. The order also permitted the dissatisfied party to file a recall application if it felt aggrieved.
Issues considered
- Whether a criminal proceeding for non‑compoundable offences can be quashed under Section 482 Cr.P.C. when the parties have reached a settlement.
- Whether the High Court has jurisdiction to quash the charge sheet and trial proceedings in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 308, 323, 324, 325, 452, 504, 506
Subjects
- Section 482 Cr.P.C.
- quash of criminal proceedings
- settlement/compromise
- non‑compoundable offences
- High Court jurisdiction
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 44066 of 2024
Raju @ Raj Kumar And 3 Others
.....Applicant(s)
Versus
State Of Up And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Vijay Singh Sengar
Counsel for Opposite Party(s) : Triveni Prasad Pandey, G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. This application u/s 482 Cr.P.C. has been preferred for quashing of the charge sheet
No.24 of 2020 dated 10.09.2020 as well as entire proceeding of S.T. No.100 of 2024
(State Vs. Raju @ Raj Kumar and others), arising out of Case Crime No.17 of 2020,
under sections 323, 324, 325, 308, 452, 504, 506, IPC, Police Station Pindaura,
District Agra.
2. Learned counsel for both the parties submitted that the parties have settled their
dispute by way of compromise dated 17.09.2024, which has been verified in
pursuance of order dated 12.08.2025 passed by the co-ordinate Bench of this Court
and the photo copies of certified copies of the verified compromise as well as
verification proceedings have been sent by the trial court concerned, which is on
record.
3. Learned counsel for the opposite party no. 2 argued that as the parties have already
arrived at amicable settlement on 17.09.2024 in the aforesaid case and, therefore,
opposite party no. 2 is no more interested to pursue the case any more against the
applicants.
4. Heard learned counsel for the applicants and learned counsel for the Opposite Party
No.2 and learned AGA for the State.
5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab &
another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58)
"58. Where the High Court quashes a criminal proceeding having
regard to the fact that the dispute between the offender and the victim
has been settled although the offences are not compoundable, it does
so as in its opinion, continuation of criminal proceedings will be an
exercise in futility and justice in the case demands that the dispute
between the parties is put to an end and peace is resorted; securing the
ends of justice being the ultimate guiding factor."
6. Keeping in mind the position of law and facts, circumstances of the case, the
present application under Section 482 of the Code stands allowed.
A482 No. 44066 of 2024
2
7. The entire proceedings of charge sheet No.24 of 2020 dated 10.09.2020 as well as
entire proceeding of S.T. No.100 of 2024 (State Vs. Raju @ Raj Kumar and others),
arising out of Case Crime No.17 of 2020, under sections 323, 324, 325, 308, 452, 504,
506, IPC, Police Station Pindaura, District Agra, is hereby quashed.
8. This order is being passed by this Court after hearing the contesting parties. If at all,
opposite party no. 2 feels that he has been duped or betrayed, then in that event, he
may file recall application explaining the reasons for filing the said application.
9. The parties may file the certified copy of this order before the court concerned
within six weeks from today.
March 19, 2026
Israr
(Padam Narain Mishra,J.)
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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