Allahabad High Court
NAGESH UPADHYAY AND ANOTHERversusSTATE OF UP AND 2 OTHERS
- Decided
- Bench
- HARVIR SINGH
Holding
The High Court quashed the Special Session Trial proceedings, holding that continuation would be an abuse of process in view of the parties' compromise.
Summary
The applicants filed an application under Section 482 of the Code of Criminal Procedure seeking to quash Special Session Trial No. 474 of 2024, wherein they were summoned under various IPC offences. They asserted that a compromise between the parties was entered on 4 August 2025 and verified by the trial court on 30 March 2026, rendering further prosecution unnecessary. The opposite party 2 did not contest the existence of the compromise and also favored quashing the case. The Court held that continuing the criminal proceeding would amount to an abuse of process and, relying on established Supreme Court precedents, exercised its inherent jurisdiction to set aside the summoning order and the entire proceedings. Accordingly, the application under Section 482 was allowed and the criminal case was quashed.
Issues considered
- Can the High Court quash criminal proceedings under its inherent powers under Section 482 of the CrPC when the parties have reached a compromise and do not wish to pursue the case?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 149, 323, 392, 394, 395
Subjects
- Section 482
- inherent jurisdiction
- quash criminal proceedings
- compromise settlement
- abuse of process
- High Court
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 44901 of 2024
Nagesh Upadhyay And Another
.....Applicant(s)
Versus
State Of Up And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Atipriya Gautam, Divya Jyoti, Gaurav
Kumar Chaturvedi, Madhaw Pandey,
Sr. Advocate
Counsel for Opposite Party(s) : G.A., Lavkush Kumar Bhatt
Court No. - 81
HON'BLE HARVIR SINGH, J.
1. Supplementary affidavit filed on behalf of opposite party no. 2 is taken
on record.
2. Heard learned counsel for the applicants, learned counsel for the
opposite party no.2 as well as learned A.G.A. for the State and perused
the material available on record.
3. The applicants by means of present application have invoked the
inherent jurisdiction of this Court with a prayer to quash the entire
proceedings of Special Session Trial No. 474 of 2024 (State vs. Nagesh
Kumar Upadhyay and others) in pursuance of summoning order dated
7.9.2024 passed by learned Special Judge Dacoity Affected
Area/Additional Sessions Judge-III, Farrukhabad in Complaint Case No.
125 of 2017 (Vijay Kumar Sharma vs. S.O. Nagesh), wherein the
applicants have been summoned to face the trial under Sections 323/149,
392/149, 394/149 and 395/149 I.P.C.
4. Learned counsel for the applicants submitted that the compromise has
already been entered between the parties on 4.8.2025 and the same has
been verified by the court concerned on 30.3.2026, therefore, the present
case be decided finally. The said compromise verification order has been
filed as Annexure-SA1 to the supplementary affidavit.
5. Learned counsel appearing for opposite party no.2 has not disputed the
A482 No. 44901 of 2024
2
facts, as stated by learned counsel for the applicants. He further contended
that, opposite party no.2 does not want to proceed with the criminal case
against the applicants and the same may be quashed.
6. It would be unfair or contrary to the interest of justice to continue with
the criminal proceeding or continuation of the criminal proceeding would
tantamount to abuse of process of law despite settlement and compromise
between the parties and to secure the ends of justice, it is appropriate that
the criminal case is put to an end.
7. In view of the fact that, the parties do not want to pursue the case any
further, as stated by them and the fact that matter has been mutually
settled between the parties in view of the compromise dated 4.8.2025, no
useful purpose would be served in proceeding with the matter further.
8. Thus, in view of the well settled principles of law as laid down by the
Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9
SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State
of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, summoning order dated
7.9.2024 passed by learned Special Judge Dacoity Affected
Area/Additional Sessions Judge-III, Farrukhabad and well as the entire
proceedings of the aforesaid case is hereby quashed.
9. The present application under Section 482 of the Code of Criminal
Procedure, 1973, is, accordingly, allowed.
(Harvir Singh,J.)
May 14, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
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