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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4689 of 2021 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Devraj Singh, holding brief of Mr. Krishna Nand, learned counsel for the applicants, Mr. Manoj Kumar Mishra, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed with a prayer to allow the present application and quash the entire proceedings of Criminal Case No. 62 of 2021 (State Versus Shahjad and others) under Sections 147, 452, 323, 506 IPC including charge sheet No. 378 of 2020 dated 19.10.2020 arising out of Case Crime No. 347 of 2020, Police Station-Kutubsher, District-Saharanpur, pending in the Court of learned Chief Judicial Magistrate, Saharanpur and to stay the further proceeding of the aforesaid Criminal Case.
3. Learned counsel for the applicants and learned counsel for the opposite party No. 2 submit that they have settled their dispute through compromise dated 28.07.2025, placed as Annexure No. 'S.A.-1' to the supplementary affidavit dated 30.05.2026. The said compromise has been duly verified and the report was forwarded by the learned Chief Judicial Magistrate, Saharanpur on 31.08.2026.
4. Learned counsel for the applicants submits that the present dispute arises between the applicants and the opposite party No. 2. It is also argued that the parties have willingly entered into a settlement and not under duress or threat or coercion and are not interested in pursuing the Versus Counsel for Applicant(s) : Krishna Nand, Om Narayan Mishra Counsel for Opposite Party(s) : G.A., Manoj Kumar Mishra Najama And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
matter pending in the Court concerned and, therefore, the impugned proceedings be quashed on the ground of compromise between the parties and they do not propose to file the counter affidavit and rejoinder affidavit.
5. Learned counsel for the opposite party No. 2 admits the arguments of
learned counsel for the applicants and states that he has no objection if the impugned proceeding pending against the applicants, is quashed.
6. Learned A.G.A. also does not dispute the correctness of the
submissions made by the learned counsel for both the parties. 7. The law with regard to quashing of a case on the basis of settlement arrived between the parties, is well settled. 8. The Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian Singh Vs. State of Punjab and Another, (2012)10 SCC 303, has held that "But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim."
9. The Hon'ble Supreme Court in Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another, (2017) 9 SCC 641 has laid down broad principles of quashing the criminal proceedings in exercise of inherent jurisdiction on the ground that "even in the non compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases."
10. Both the parties have agreed to withdraw the proceedings pending A482 No. 4689 of 2021 2
amongst them in Court concerned. From perusal of the records and the law as cited above, the present case is a good case for exercise of power by the Court to quash summoning order as well as entire proceedings. 11. The dispute has been mutually settled between the parties to their entire satisfaction, therefore, no useful purpose would be served in allowing the prosecution to continue any longer. 12. The present application for quashing filed under Section 482 Cr.P.C. comes within the parameters as laid down by the Hon'ble Supreme Court in Pradeep Kumar Kesarwani Vs. State of Uttar Pradesh & Another, Criminal Appeal No. 3831 of 2025, SLP (Crl.) No. 11642 of 2019 dated
02.09.2025.
13. In view of the above, the entire proceedings of Criminal Case No. 62 of 2021 (State Versus Shahjad and others) under Sections 147, 452, 323, 506 IPC including charge sheet No. 378 of 2020 dated 19.10.2020 arising out of Case Crime No. 347 of 2020, Police Station-Kutubsher, District- Saharanpur, are hereby quashed. 14. The present application under Section 482 Cr.P.C. is, accordingly, allowed. September 9, 2026 Shivani Sri. A482 No. 4689 of 2021 3 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad