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Allahabad High Court

DHYANPAL AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that, in view of the parties' settlement, the criminal proceedings could be quashed under its inherent powers under Section 482 of the CrPC.

Summary

The applicants Dhyanpal and six others filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings in Complaint Case No. 354 of 2017, which involved offences under Sections 394, 397 and 427 of the IPC. The High Court had earlier directed the parties to file a compromise deed, which was subsequently verified by the trial court. The State had no objection to the settlement. Relying on settled Supreme Court jurisprudence that criminal cases can be quashed when the parties have settled their disputes, the Court examined the applicability of its inherent powers under Section 482. The Court held that the settlement justified quashing the charge sheet, cognizance and the summoning order dated 09.02.2021. Consequently, the application was allowed and the entire criminal proceedings were set aside.

Issues considered

  • Whether a criminal case can be quashed under Section 482 CrPC on the basis of a settlement between the parties

Legislation cited

Subjects

  • settlement
  • quash
  • Section 482 CrPC
  • criminal proceedings
  • compromise deed
  • High Court
  • IPC sections 394 397 427

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 4876 of 2022

Dhyanpal And 6 Others
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)      : Karma Singh Yadav, Rajendra Kumar
                                Ratnakar, Virendra Kumar Gupta
Counsel for Opposite Party(s) : G.A.

Court No. - 75
                      HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Ms. Jyoti Singh, Advocate holding brief of Ms. Karma Singh
Yadav, learned counsel for the applicants, Sri V.D. Ojha, learned counsel
for the State and perused the records.

3. Notice issued to the opposite party no.2 has been served personally as
per office report dated 10.01.2025. Despite service of notice, no one
appears on behalf of the opposite party no.2 even when the matter has
been taken up in the revised list.

4. The present application under Sections 482 Cr.P.C. has been filed by
the applicants Dhyanpal, Dinesh, Raju, Dinesh, Prembabu, Ashish and
Ratan Singh, with the prayer to allow the present application and quash
the entire criminal proceedings of Complaint Case No. 354 of 2017
(Dharmpal Vs. Dhyanpal and 6 others), under Sections 394, 397, 427
I.P.C. P.S. Ughauti, District Budaun, as well as quash the summoning
order dated 09.02.2021, pending in the court of Additional Session Judge
3rd/Special Judge (Dacaity Afffected Area), Budaun and with a further
prayer to stay the entire proceedings of the aforesaid case.

5. Learned counsel for the applicants states that an order was passed by
this Court vide order dated 15.01.2025 directing the applicants to file the
said compromise deed before the court concerned which was to be
verified by the court concerned. In pursuance of the said order, the court
concerned vide order dated 02.02.2026 verified the said compromise,
copy of the same is on record.

6. Learned counsel for the State has no objection to the said proposition.

7. The law with regards to quashing of a case on the basis of settlement
                                                                                            A482 No. 4876 of 2022
                                                                   2


                                    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
                                    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.

                                    8. 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, charge sheet as well as
                                    cognizance/summoning order as prayed for by the applicant(s).

                                    9. The present application is allowed.

                                    10. The entire criminal proceedings as well as summoning order dated
                                    09.02.2021 of the aforesaid case are hereby quashed.


                                                                                              (Samit Gopal,J.)
                                    May 12, 2026
                                    M. ARIF




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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