Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 42797 of 2023 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to allow this application and quash the entire criminal proceeding of Case No. (S.T. No.) - 1218 of 2023 (State vs. Rashid and others) arising out of Case Crime No. 407 of 2020, under Sections 308, 323, 324, 452, 504 and 506 IPC, Police Station Thakurdwara, District Moradabad, pending in the Court of learned Additional District Judge-02, Moradabad as well as charge sheet dated 01.10.2020 passed by learned Additional Civil Judge (Senior Division) Court No. 1/Additional Chief Judicial Magistrate, Moradabad. Pursuant to the order dated 17.1.2024, a communication dated 05.03.2024 has been received from the Additional District and Sessions Judge, Court No. 2, Moradabad stating that the parties have entered into compromise dated 26.10.2023 has been duly verified by the court concerned on
15.2.2024.
Learned counsel for the applicants submits that the present dispute arises out of personal discord between the applicants and the opposite party nos.2 and 3. It is also argued that the opposite party nos. 2 and 3 are not interested to pursue the 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. Versus Counsel for Applicant(s) : Manoj Pandey Counsel for Opposite Party(s) : G.A., Prakash Tripathi Rashid And 2 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
Learned counsel for the opposite party nos. 2 and 3 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. Learned A.G.A. also does not dispute the correctness of the submissions made by the learned counsel for both the parties. The law with regard to quashing of a case on the basis of settlement arrived between the parties, is well settled. Even 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." The Hon'ble Supreme Court in Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujara 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." Both the parties have agreed to withdraw the proceedings pending 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.
The dispute appears to be purely of a personal nature that has been mutually settled between the parties to their entire satisfaction, therefore, A482 No. 42797 of 2023 2
no useful purpose would be served in allowing the prosecution to continue any longer. 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. In view of the above, the entire proceedings of Case No. (S.T. No.) - 1218 of 2023 (State vs. Rashid and others) arising out of Case Crime No. 407 of 2020, under Sections 308, 323, 324, 452, 504 and 506 IPC, Police Station Thakurdwara, District Moradabad, are hereby quashed. The present application is, accordingly, allowed. September 12, 2025 Puspendra A482 No. 42797 of 2023 3 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad