Neutral Citation No. - 2025:AHC:109263 Court No. - 71 Case :- APPLICATION U/S 482 No. - 32672 of 2022 Applicant :- Rahmat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, 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 the following prayer :- " It, is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application under section 482 Cr.P.C. and compound the offence under Section 498A I.P.C. and Section 3/4 D.P. Act committed by applicant in Case No. 3388 of 2009 (State Versus Smt. Hasmi Khanam and others), Police Station - Kotwali, District-Ghaziabad. It is further prayed that this Hon'ble Court may graciously be pleased to quash the sentence against the applicant for period of one year simple imprisonment under Section 498-A of I.P.C. as well as imposing fine of Rs. 5,000/- and in default of payment of fine, the applicant shall undergo 15 days additional simple imprisonment and six months simple imprisonment under Section 4 of D.P. Act as well as imposing fine of Rs. 5,000/- and in default of payment of fine, the applicant shall undergo 15 days additional simple imprisonment, granted to the applicant in pursuance of judgment and order dated 15.03.2013 passed by learned Additional Chief Judicial Magistrate, Court No. 4, Ghaziabad in Case No. 3388 of 2009 (State Versus Smt. Hasmi Khanam and others), Under Section 498A I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali, District-Ghaziabad, otherwise the applicant shall suffer irreparable loss and injury. And/or pass any other and/or further order as this Hon'ble Court may deem fit and proper under the circumstances of the present case." 3. It is submitted by learned counsel for applicants that matter relates to matrimonial dispute. The opposite party no.2 has lodged the aforesaid Case Crime No. 3388 of 2009, under Sections - 498-A I.P.C. and Section - 3/4 D.P. Act. After trial the applicant-accused was convicted by the Trial court for offence under Section - 498-A I.P.C. and Section - 4 D.P. Act vide judgment and order dated 15.03.2013 and sentenced to one year simple imprisonment along with fine of Rs. 5,000/- under Section - 498-A I.P.C. and six months simple imprisonment along with fine of Rs. 5,000/- under Section - 4 D.P. Act. The applicant has preferred an appeal against that judgment, which is pending before the court of Additional Sessions Judge, Court No.16, Ghaziabad. During pendency of the appeal both the parties have amicably settled the dispute and compromised the case. It was submitted that the compromise has duly been verified by the Appellate court below and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned A.G.A. has no objection, if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise by invoking inherent powers enshrined under Section - 482 Cr.P.C.. In the instant case perusal of record shows that applicant is husband of the opposite party no.2 and matter relates to matrimonial dispute. In the case lodged by the opposite party no.2, the applicant-accused was convicted by the Trial court for offence under Section - 498-A I.P.C. and Section - 4 D.P. Act vide judgment and order dated 15.03.2013, passed by learned A.C.J.M., Court No.4, Ghaziabad and sentenced to one year simple imprisonment along with fine of Rs. 5,000/- under Section - 498-A I.P.C. and six months simple imprisonment along with fine of Rs. 5,000/- under Section - 4 D.P. Act. The applicant has preferred an appeal against that judgment, which is pending before the court of Additional Sessions Judge, Court No.16, Ghaziabad. During pendency of the appeal, both the parties have compromised the matter. It is well settled that appeal is continuation of the proceedings of Trial and thus, compromise can be entered into during appeal. The compromise filed by the parties before the Appellate court has duly been verified by the court concerned. Considering facts of the matter, it would be in the interest of justice that conviction of the applicant and the impugned proceedings be quashed. 7. In view of aforesaid facts and circumstances, the judgment and order dated 15.03.2013, passed by the Additional Chief Judicial Magistrate, Court No.4, Ghaziabad in Case No. 3388 of 2009 (State Vs. Smt. Hasmi Khanam and Others), under Sections - 498-A I.P.C. and Section - 4 D.P. Act, Police Station - Kotwali, District - Ghaziabad, is set aside and applicant stand acquitted on the basis of compromise. The appeal pending before the Appellate court below stand decided in terms of compromise between the parties. 8. The application u/s 482 Cr.P.C. is allowed. Order Date :- 9.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad