Allahabad High Court
SATYA PRAKASH AND 3 OTHERSversusSTATE OF U.P, AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that where the parties have settled their dispute, the criminal proceedings may be quashed under its inherent powers under Section 482 CrPC.
Summary
The applicants filed an application under Section 482 of the CrPC seeking to quash criminal proceedings (Complaint Case No. 1341 of 2006) filed under Sections 395 and 397 IPC. They alleged that the dispute with the opposite party had been settled by compromise, a copy of which was annexed to the application. The opposite party admitted the compromise and raised no objection to quashing. The Court examined the settled nature of the dispute and relied on Supreme Court precedents that allow quashing of criminal cases where parties have resolved their grievances. Accordingly, the Court exercised its inherent powers under Section 482 CrPC and ordered the entire proceedings to be quashed, allowing the application.
Issues considered
- Whether criminal proceedings under Sections 395 and 397 IPC can be quashed under Section 482 CrPC on the basis of a compromise between the parties
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 395, 397
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 482 CrPC
- inherent powers of court
- IPC 395
- IPC 397
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 6442 of 2025
Satya Prakash And 3 Others
.....Applicant(s)
Versus
State Of U.P, And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Saxena, Shubham Kumar Dubey
Counsel for Opposite Party(s) : G.A., Rahul Kumar Pal
Court No. - 81
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Rahul Saxena, learned Counsel for the applicants, Sri Rahul
Kumar Pal, learned Counsel holding for the opposite party no.2 and learned
AGA for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed by the
applicants with the following prayer:
"It is, therefore, most respectfully prayed be & that this Hon'ble Court may
graciously pleased to allow the present application and quash the entire
proceedings of Complaint Case No. 1341 of 2006 (Ram Singh Vs. Atiram
others), under section 395 & 397 IPC, Police Station Sikandrarau, District
Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court
No. 5, Hathras."
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.7 to this 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
SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
NA528 No. 6442 of 2025
2
(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.
April 2, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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