State of U.P v. Jai Prakash and others, arising out of Case Crime No

1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the order dated 16.12.2022 passed by Judicial Magistrate Sant Kabir Nagar as well as entire proceeding of Case No. 724 of 2015 (State Vs. Jai Prakash and others) arising out of Case Crime No. 533 of 2010 under Sections 147, 323/149, 325/149, 452, 504, 506(2) I.P.C., Police Station Bakhira, District Sant Kabir Nagar pending in the Court of Judicial Magistrate, Sant Kabir Nagar.

3. It is submitted that during pendency of the criminal proceedings, both the parties have arrived at compromise and settled their dispute amicably out of the court. Having considered the amicable settlement between the parties, this Court, vide order dated 14.02.2023, has relegated the parties before the court below to get their compromise verified. For ready reference, order date 14.02.2023 passed by this Court is quoted herein below: " Heard learned counsel for the applicants and learned AGA for the State- respondent. This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Case No.724 of 2015, State of U.P. Vs. Jai Prakash and others, arising out of Case Crime No.533 of 2010, under Sections 147, 323/149, 325/149, 452, 504, 506(2) I.P.C., Police Station Bakhira, District Sant Kabir Nagar pending in the court of Judicial Magistrate, Sant Kabir Nagar on the basis of compromise arrived between the parties. Learned counsel for the applicants submits that the parties have entered into a compromise and an affidavit in this respect has been filed by the informant/opposite party no.2 today. Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned. In the interest of justice, the applicant and the opposite party no.2 are directed to appear before the court concerned on 27th February, 2023 and shall submit the compromise, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within 15 days thereafter. List on 20th March, 2023 as fresh. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed."

4. In pursuance of the order dated 14.02.2023, learned Judicial Magistrate, Sant Kabir Nagar has submitted its verification report dated 15.03.2023 alongwith the compromise verification order dated 15.03.2023 and the copy of the compromise application. It has been observed by the learned Judicial Magistrate, Sant Kabir Nagar that both the parties were appeared before the court below and have been identified by their respective counsels. The contents of the compromise have been spelt out to the parties who have nodded the factum of the compromise and stated that they have entered into compromise on their own volition without any duress and coercion. Accordingly, the compromise has been verified on the consent of the parties. Certified copy of the order dated 15.03.2023 is annexed. For ready reference the same is quoted herein below: "महहदय, जयपककश बनकम ससममकन अवगत करकनक हह कक मकनननय उचच नयकयकलय इलकहकबकद कक समक लममबत उपरहक वकररत पकरर मम मकनननय उचच नयकयकलय इलकहकबकद दकरक पकररत अनतगरत धकरक-147, 323, 325, मम ममकदमक सन० 724/2015, आदकश कदनकनककत 14-02-2023 452, 504, 506 खजलक सनत कबनर नगर मम पकककरर कह कदनकनक 27-02-2023 कह सनबनखधत नयकयकलय कक समक उपमसथत हहनक एवन समलहनकमक पसतमत करनक एवन सनबनखधत नयकयकलय दकरक समलहनकमक तसदनक करतक हहए इसकक आखयक 15 कदवस कक भनतर मकनननय उचच नयकयकलय कह पककषत ककयक जकनक हकतम आदककशत ककयक गयक हह। भक०दन०सन० उ०प०सरककर, थकनक बखखरक, चनद पककश, सतय पककश, उक कक अनमपकलन मम वकदन ममकदमक दननकनकथ रकय एवन चहटकहल ननजकदन दकवन, कबनदद दकवन एवन अकभयमकगर जय पककश, रकधकशयकम दकरक समलहनकमक पसतमत ककयक गयक, वकदन ममकदमक दननकनकथ रकय एवन चहटकहल ननजकदन दकवन, एवन कवनदद दकवन नक समलहनकमक सवकचछक सक दकखखल करनक कक सवनकक कत कक। वकदन ममकदमक दननकनकथ एवन चहटकहल ननजकदन दकवन, एवन कवनदद दकवन कक कशनकखत व फहटह कक पहचकन उसकक अखधवकक शन ए०कक ० पकणडकय दकरक कक गयन तथक अकभयमकगर कक कशनकखत व फहटह कक पहचकन उनकक अखधवकक शन कगरनश चनद पकणडकय दकरक कक गयन। समलहनकमक कह खमलक नयकयकलय मम तसदनक ककयक गयक। खजसकक पमककरत पकत इस पत कक सकथ सनलग हह। सरसवतन दकवन, अतएवन अनमपकलन आखयक मय उपरहक तथयर कक मकनननय पनठ कक समक रखक जकनक हकतम सकदर पककषत हह।"

5. It is submitted by learned counsel for the applicants that in the above eventuality of amicable settlement took place between the parties, instant application may be allowed and the entire criminal proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 667. (iii) Manoj Sharma Vs. State & Others; (2008) 16 SCC 1. (iv) Gyan Singh Vs. State of Punjab (2012) 10 SCC 303. (v) Narindra Singh & Others Vs. State of Punjab (2014) 6 SCC 466.

6. In a recent judgment passed by a Three Judges' Bench of the Apex Court in the Case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, reported in AIR 2017 SC 4843, Hon'ble Supreme Court has summarized the ratio of all the cases decided earlier with respect to quashing of F.I.R./charge-sheet/criminal proceeding on the ground of settlement between the parties and expounded the ten categories in which application under Section 482 could be entertained for quashing the F.I.R./charge-sheet/criminal proceeding on the basis of compromise. Para no. 15 of the said judgement summarizing the proposition in this respect is reproduced below :- "15. (i) Section 482 preserves the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. (iii) In forming an opinion whether a criminal proceeding or compliant should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power; (iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;(i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court; (v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated; (vi) In exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot approximately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; (vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute; (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanor. The consequences of the act complained of upon the financial or economic system will weigh in the balance."

7. Learned A.G.A. has no objection, in case, the instant application is decided by this Court on the basis of compromise took place between the parties, which is duly verified by the court concerned.

8. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise. He also submits that compromise was verified in presence of both the parties, who have voluntarily entered into compromise and opposite party no. 2 does not want to prosecute the present case against the applicants any more as no dispute remains between the parties.

9. Having considered the compromise took place between the parties and with the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.

10. In view of the aforesaid pronouncements of the Hon'ble Apex Court and in the light of the compromise took place between the parties, duly verified by the court concerned, the present application under Section 482 Cr.P.C. is hereby allowed. The entire criminal proceeding of the aforementioned case is hereby quashed.

11. Let a copy of the order be transmitted to the concerned lower Court for necessary action. Order Date :- 14.7.2025 Imtiyaz IMTIYAZ AHMAD High Court of Judicature at Allahabad

1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the order dated 16.12.2022 passed by Judicial Magistrate Sant Kabir Nagar as well as entire proceeding of Case No. 724 of 2015 (State Vs. Jai Prakash and others) arising out of Case Crime No. 533 of 2010 under Sections 147, 323/149, 325/149, 452, 504, 506(2) I.P.C., Police Station Bakhira, District Sant Kabir Nagar pending in the Court of Judicial Magistrate, Sant Kabir Nagar.

3. It is submitted that during pendency of the criminal proceedings, both the parties have arrived at compromise and settled their dispute amicably out of the court. Having considered the amicable settlement between the parties, this Court, vide order dated 14.02.2023, has relegated the parties before the court below to get their compromise verified. For ready reference, order date 14.02.2023 passed by this Court is quoted herein below: " Heard learned counsel for the applicants and learned AGA for the State- respondent. This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Case No.724 of 2015, State of U.P. Vs. Jai Prakash and others, arising out of Case Crime No.533 of 2010, under Sections 147, 323/149, 325/149, 452, 504, 506(2) I.P.C., Police Station Bakhira, District Sant Kabir Nagar pending in the court of Judicial Magistrate, Sant Kabir Nagar on the basis of compromise arrived between the parties. Learned counsel for the applicants submits that the parties have entered into a compromise and an affidavit in this respect has been filed by the informant/opposite party no.2 today. Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned. In the interest of justice, the applicant and the opposite party no.2 are directed to appear before the court concerned on 27th February, 2023 and shall submit the compromise, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within 15 days thereafter. List on 20th March, 2023 as fresh. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed."

4. In pursuance of the order dated 14.02.2023, learned Judicial Magistrate, Sant Kabir Nagar has submitted its verification report dated 15.03.2023 alongwith the compromise verification order dated 15.03.2023 and the copy of the compromise application. It has been observed by the learned Judicial Magistrate, Sant Kabir Nagar that both the parties were appeared before the court below and have been identified by their respective counsels. The contents of the compromise have been spelt out to the parties who have nodded the factum of the compromise and stated that they have entered into compromise on their own volition without any duress and coercion. Accordingly, the compromise has been verified on the consent of the parties. Certified copy of the order dated 15.03.2023 is annexed. For ready reference the same is quoted herein below: "महहदय, जयपककश बनकम ससममकन अवगत करकनक हह कक मकनननय उचच नयकयकलय इलकहकबकद कक समक लममबत उपरहक वकररत पकरर मम मकनननय उचच नयकयकलय इलकहकबकद दकरक पकररत अनतगरत धकरक-147, 323, 325, मम ममकदमक सन० 724/2015, आदकश कदनकनककत 14-02-2023 452, 504, 506 खजलक सनत कबनर नगर मम पकककरर कह कदनकनक 27-02-2023 कह सनबनखधत नयकयकलय कक समक उपमसथत हहनक एवन समलहनकमक पसतमत करनक एवन सनबनखधत नयकयकलय दकरक समलहनकमक तसदनक करतक हहए इसकक आखयक 15 कदवस कक भनतर मकनननय उचच नयकयकलय कह पककषत ककयक जकनक हकतम आदककशत ककयक गयक हह। भक०दन०सन० उ०प०सरककर, थकनक बखखरक, चनद पककश, सतय पककश, उक कक अनमपकलन मम वकदन ममकदमक दननकनकथ रकय एवन चहटकहल ननजकदन दकवन, कबनदद दकवन एवन अकभयमकगर जय पककश, रकधकशयकम दकरक समलहनकमक पसतमत ककयक गयक, वकदन ममकदमक दननकनकथ रकय एवन चहटकहल ननजकदन दकवन, एवन कवनदद दकवन नक समलहनकमक सवकचछक सक दकखखल करनक कक सवनकक कत कक। वकदन ममकदमक दननकनकथ एवन चहटकहल ननजकदन दकवन, एवन कवनदद दकवन कक कशनकखत व फहटह कक पहचकन उसकक अखधवकक शन ए०कक ० पकणडकय दकरक कक गयन तथक अकभयमकगर कक कशनकखत व फहटह कक पहचकन उनकक अखधवकक शन कगरनश चनद पकणडकय दकरक कक गयन। समलहनकमक कह खमलक नयकयकलय मम तसदनक ककयक गयक। खजसकक पमककरत पकत इस पत कक सकथ सनलग हह। सरसवतन दकवन, अतएवन अनमपकलन आखयक मय उपरहक तथयर कक मकनननय पनठ कक समक रखक जकनक हकतम सकदर पककषत हह।"

5. It is submitted by learned counsel for the applicants that in the above eventuality of amicable settlement took place between the parties, instant application may be allowed and the entire criminal proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 667. (iii) Manoj Sharma Vs. State & Others; (2008) 16 SCC 1. (iv) Gyan Singh Vs. State of Punjab (2012) 10 SCC 303. (v) Narindra Singh & Others Vs. State of Punjab (2014) 6 SCC 466.

6. In a recent judgment passed by a Three Judges' Bench of the Apex Court in the Case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, reported in AIR 2017 SC 4843, Hon'ble Supreme Court has summarized the ratio of all the cases decided earlier with respect to quashing of F.I.R./charge-sheet/criminal proceeding on the ground of settlement between the parties and expounded the ten categories in which application under Section 482 could be entertained for quashing the F.I.R./charge-sheet/criminal proceeding on the basis of compromise. Para no. 15 of the said judgement summarizing the proposition in this respect is reproduced below :- "15. (i) Section 482 preserves the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. (iii) In forming an opinion whether a criminal proceeding or compliant should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power; (iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;(i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court; (v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated; (vi) In exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot approximately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; (vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute; (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanor. The consequences of the act complained of upon the financial or economic system will weigh in the balance."

7. Learned A.G.A. has no objection, in case, the instant application is decided by this Court on the basis of compromise took place between the parties, which is duly verified by the court concerned.

8. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise. He also submits that compromise was verified in presence of both the parties, who have voluntarily entered into compromise and opposite party no. 2 does not want to prosecute the present case against the applicants any more as no dispute remains between the parties.

9. Having considered the compromise took place between the parties and with the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.

10. In view of the aforesaid pronouncements of the Hon'ble Apex Court and in the light of the compromise took place between the parties, duly verified by the court concerned, the present application under Section 482 Cr.P.C. is hereby allowed. The entire criminal proceeding of the aforementioned case is hereby quashed.

11. Let a copy of the order be transmitted to the concerned lower Court for necessary action. Order Date :- 14.7.2025 Imtiyaz IMTIYAZ AHMAD High Court of Judicature at Allahabad