Allahabad High Court

SANJAY SINGHversusSTATE OF U.P. AND ANOTHER

Decided: 16 March 2026
Disposal: Allowed/Partly Allowed on merits
Bench: PRASHANT BILGAIYAN REGISTRAR CRIMINAL

Holding

The High Court quashed the summons and the entire criminal proceedings under Section 482 CrPC, allowing the compromise application.

Summary

The applicant filed a petition under Section 482 of the CrPC seeking to quash the summons dated 13.01.2021 and stay the criminal proceedings (sections 354A, 323 and 406 IPC) in Complaint No. 3813 of 2020 (Sweta Singh v. Abhishek Singh). The parties had amicably settled the dispute and filed a compromise application, which was verified by the trial court. Relying on several Supreme Court decisions that permit the High Court to set aside criminal proceedings where a genuine compromise exists, the court examined whether the offences, though non‑compoundable, could be extinguished on settlement. The court held that the compromise was bona‑fide and, in the interest of justice, the proceedings should be quashed. Consequently, the summons and the entire criminal case were set aside. The application was allowed.

Issues considered

Whether a High Court may quash criminal proceedings under sections 354A, 323 and 406 IPC on the basis of a compromise between the parties.
Whether Section 482 CrPC empowers the court to set aside a summons and stay proceedings in non‑compoundable offences when a settlement is reached.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 323, 354A, 406

Subjects

Section 482 CrPC
quash of criminal proceedings
compromise settlement
non‑compoundable offences
IPC 354A
IPC 323
IPC 406
High Court jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 6297 of 2021

Sanjay Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Jai Singh Yadav
Counsel for Opposite Party(s) : G.A., Manoj Pathak,
Narendra Kumar Pathak

Court No. - 77
HON'BLE PRAVEEN KUMAR GIRI, J.

1. Heard Sri Jai Singh Yadav, learned counsel for the applicant
and Sri Pankaj Kumar, learned State Law Officer for the State.

2. Learned counsel for the applicants submits that he has filed
the instant application under Section 482 Cr.P.C. on the
strength of compromise with the relief which has been
mentioned in the prayer clause of the application. The relief
which has been mentioned in the application is delineated
below:-

"It is therefore most respectfully prayed that this Hon'ble
Court may graciously be pleased to quash the summoning
order dated 13.01.2021 passed by A.C.J.M. Court No.2,
Allahabad in Complaint Case No.3813 of 2020 (Smt. Sweta
Singh vs. Abhishek Singh and others) u/s 354A, 323, 406
IPC, P.S.Naini, District-Allahabad.

It is further prayed that this Hon'ble Court may be pleased
to stay the entire proceeding of Complaint Case No.3813 of
2020 (Smt. Sweta Singh vs. Abhishek Singh and others)
pending in the court of A.C.J.M. Court No.2, Allahabad
under section 354A, 323, 406 IPC, P.S.Naini District-
Allahabad. And or pass such other and further order as this
Hon'ble Court may deem fit and proper under the facts and
A482 No. 6297 of 2021
2

circumstances of the case, otherwise, Applicant shall suffer
irreparable loss and injury."

3. The parties, out of their own free will, have settled their
dispute amicably and in furtherance thereof, they have filed a
compromise application before the concerned trial court.
Thereafter, this Court, vide order dated 04.02.2026 in connected
Application U/S 528 BNSS No.6503 of 2025 (Abhishek Singh
and others vs. State of U.P. and another) preferred by husband of
O.P. No.2 and his other family members, has directed the parties
to appear before the concerned trial court for verification of the
compromise application with a direction to the trial court to
verify the compromise application in presence of both the parties
and submit a report to this Court.

4. Learned counsel for the applicant submits that the applicant
is father-in-law of O.P. No.2 and the parties have settled their
dispute amicably and they have filed compromise application
before the trial court, which has been verified by the trial
Court, vide order dated 26.02.2026, copy whereof has been
filed along with supplementary affidavit in the connected
application. He further submits that in view of settlement
between the parties, the O.P. No.2 does not want to proceed
with the impugned criminal proceedings.

5. In the present case, the sections involved are Section 354A,
323, 406 IPC.

6. Therefore, in view of the above and considering the dictum
of the Apex Court in re: B.S. Joshi and others Vs. State of
Haryana and Another; 2003 (4) SCC 675, Gian Singh vs.
State of Punjab (2012) 10 SCC 303; State of Rajasthan vs.
Shambhu Kewat, (2014) 4 SCC 149; State of Madhya
Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya
Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath
vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya
Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and
A482 No. 6297 of 2021
3

Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the
entire proceedings of Complaint Case No.3813 of 2020 (Smt.
Shweta Singh vs. Abhishek Singh and others) under section
323, 406 IPC, Police Station-Naini, District-Allahabad
including the summoning order dated 13.01.2021, pending in
the Court of Additional Chief Judicial Magistrate, Court No.2,
Allahabad are hereby quashed.

7. Accordingly, the instant application is allowed.

March 17, 2026
Manish Himwan

(Praveen Kumar Giri,J.)

Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…