BNSS No. 25765 of 2025 · Allahabad High Court

: Ajay Kumar Pal, Prateek Srivastava : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Prateek Srivastava, learned counsel for applicants and learned AGA for State.

The instant application has been preferred for seeking quashing of the judgment and order dated 30.9.2024 passed by learned Sessions Judge, Hathras in Session Trial no. 178 of 2019 arising out of Case Crime no. 885 of 2018 in pursuance to sections 452, 324, 323, 504, 506, 308 IPC, PS- Sikandrarau, District Hathras on the basis of compromise dated

17.8.2024 between the parties.

Learned counsel for challenging aforesaid order, relied upon the judgment dated 29.9.2021 pronounced by Hon'ble Apex Court in case of Ramgopal & another vs. State of Madhya Pradesh with Krishnappa & others vs. State of Karnataka in Criminal Appeal no. 1489 of 2012 and 1488 of 2012 respectively. Ratio of the judgment decided by Hon'ble Apex Court is that during pendency of the appeal wherein the order of conviction has been put under challenge and if the sections are non- compoundable even then the entire proceeding along with the order of conviction may be set aside on the basis of compromise.

Considering the parameters defined under para 18 of the judgment dated 29.9.2021, learned counsel for the applicants submitted that the instant matter is squarely covered with the judgment dated 29.9.2021 passed by Hon'ble Apex Court wherein non-consideration of the application for setting aside the conviction along with orders passed by 2 NA528 No. 25765 of 2025 learned Sessions Judge with revisional order passed by the High Court has been set aside and the appeal preferred at the behest of appellants before Hon'ble Apex Court has been allowed by way of setting aside the conviction order under Article 142 of the Constitution of India and it has been held that the power exercised by High Court under Section 482 Cr.P.C. may be invoked for setting aside conviction, if the parties entered into compromise on the parameters as settled under para 18 of the judgment dated 29.9.2021.

Per contra, learned AGA vehemently opposed the prayer as made through instant application and rebutted the stand taken up by learned counsel for the applicants. While raising arguments, learned AGA submitted that in the case in hand before Hon'ble Supreme Court, during pendency of appeal against conviction compromise has been arrived but the same has been considered only for the compoundable offences and the applicants were convicted for non-compoundable offences. Being aggrieved with the order, an application under Section 482 Cr.P.C. was before the High Court of Judicature at Madhya Pradesh vis a vis Karnataka, the same has been declined to interfere which rises cause of action for appellants before Hon'ble Supreme Court and the same has been entertained, but in the instant matter, appellants came up before this Court by way of invoking jurisdiction under Section 482 Cr.P.C. for challenging the conviction order passed by learned trial court vide judgment and order dated 30.9.2024. It is also submitted by learned AGA that although compromise have been entered by both the parties on dated

17.8.2024 and the same was duly considered by learned trial court.

After having rival submissions extended by learned counsels for the parties, one thing is crystal clear and admitted at the behest of learned counsel for applicants that after order dated 30.9.2024, there is no appeal or criminal revision preferred by the applicants and as such the facts of the case of Ramgopal (supra) with Krishnappa (supra) are different with the facts of the instant matter. Once no appeal or revision has been preferred at the behest of applicants for challenging order dated

30.9.2024, inherent power available under Section 482 Cr.P.C. cannot be invoked for seeking prayer as made through instant application. The case would be otherwise, if the appellants would have preferred any appeal or 3 NA528 No. 25765 of 2025 revision for challenging order dated 30.9.2024, at this juncture, there is hardly any scope of interference in the light of judgment dated 29.9.2021 passed by Hon'ble Apex Court, hence the instant application u/s 528 BNSS stands dismissed. November 26, 2025 Shaswat (Saurabh Srivastava,J.)