The Hon'ble Apex Court in the case of State of Madhya Pradesh v. Laxmi Narayan and others, reported in

1. Heard Sri Sri Yash Talwar, Advocate holding brief of Sri Ashwini Kumar Awasthi, learned counsel for applicants as well as learned Additional Government Advocate for the State-respondent no.1 alongwith Sri Shubham, Advocate holding brief of Sri Bipin Kumar Tripathi, learned counsel appearing for opposite party no. 2, and perused the record.

2. Present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 1093 of 2007 - State Vs. Bramha Nand Tiwari and 5 Others, arising out of Case Crime No. 495 of 2006, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Sikriganj, District - Gorakhpur, pending in the Court of Judicial Magistrate-IInd, Gorakhpur.

3. Learned counsel for the parties jointly submitted that the matter arises out of matrimonial dispute between applicant no.1 (husband) and his wife. They further submitted that applicant no.1 and O.P. no.2 (brother of victim) have settled their dispute out of the Court and they have entered into compromise/settlement. Learned counsel for the opposite party no. 2 has submitted that an affidavit has already been filed on 05.08.2025, disclosing the entire facts, which is on record. It has been stated by learned counsel for the applicants that first information report was lodged in 2007 and since 2012 onwards the parties have arrived at compromise and are living peacefully as husband and wife and out of the said wedlock they have three children. 2 A482 No. 19216 of 2008

4. On perusal of the affidavit filed by learned counsel for opposite party no. 2, it transpires that the parties had compromise the matter out side the Court and O.P. no.2 does not want to pursue the matter. It has been submitted that an application for compromise has been filed by the victim before the Family Court on 21.02.2012 wherein it has been state that the parties are residing happily in terms of the settlement which has been arrived at between the parties and in terms of the settlement the dispute between the parties was disposed of by the Principal Judge, Family Court, Gorakhpur on 26.02.2012, in proceedings under Section 125 Cr.P.C. Since parties have amicably settled their dispute outside the Court and the victim does not want to prosecute the applicants, no useful purpose would be served in keeping the present application pending.

5. Learned A.G.A. for the State has no objection if the instant application is allowed and the entire proceedings are quashed in terms of the compromise between the parties.

6. The Hon'ble Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, reported in (2019) 5 SCC 688 has laid down principles for quashing the proceeding on the basis of settlement/compromise. Relevant paragraphs are quoted herein below:- "15. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences 3 A482 No. 19216 of 2008 committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and

29.7 of the decision of this Court in the case of Narinder Singh vs. State of Punjab, (2014) 6 SCC 466 should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; v) while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc."

7. This Court is not unmindful of the following judgements of the Apex Court: 4 A482 No. 19216 of 2008 (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

9. In view of the aforesaid facts, since the parties have amicably settled their dispute outside the Court and compromise between the parties has already been verified by the trial Court, the present Application U/S 482 Cr.P.C.is liable to be allowed.

10. Accordingly, the present Application U/S 482 Cr.P.C. is allowed and consequently, proceedings of Case No. 1093 of 2007 - State Vs. Bramha Nand Tiwari and 5 Others, arising out of Case Crime No. 495 of 2006, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Sikriganj, District - Gorakhpur, pending in the Court of Judicial Magistrate-IInd, Gorakhpur, qua the present applicants is hereby quashed. September 15, 2025 A. Verma (Alok Mathur,J.) ANURAG VERMA High Court of Judicature at Allahabad

1. Heard Sri Sri Yash Talwar, Advocate holding brief of Sri Ashwini Kumar Awasthi, learned counsel for applicants as well as learned Additional Government Advocate for the State-respondent no.1 alongwith Sri Shubham, Advocate holding brief of Sri Bipin Kumar Tripathi, learned counsel appearing for opposite party no. 2, and perused the record.

2. Present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 1093 of 2007 - State Vs. Bramha Nand Tiwari and 5 Others, arising out of Case Crime No. 495 of 2006, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Sikriganj, District - Gorakhpur, pending in the Court of Judicial Magistrate-IInd, Gorakhpur.

3. Learned counsel for the parties jointly submitted that the matter arises out of matrimonial dispute between applicant no.1 (husband) and his wife. They further submitted that applicant no.1 and O.P. no.2 (brother of victim) have settled their dispute out of the Court and they have entered into compromise/settlement. Learned counsel for the opposite party no. 2 has submitted that an affidavit has already been filed on 05.08.2025, disclosing the entire facts, which is on record. It has been stated by learned counsel for the applicants that first information report was lodged in 2007 and since 2012 onwards the parties have arrived at compromise and are living peacefully as husband and wife and out of the said wedlock they have three children. 2 A482 No. 19216 of 2008

4. On perusal of the affidavit filed by learned counsel for opposite party no. 2, it transpires that the parties had compromise the matter out side the Court and O.P. no.2 does not want to pursue the matter. It has been submitted that an application for compromise has been filed by the victim before the Family Court on 21.02.2012 wherein it has been state that the parties are residing happily in terms of the settlement which has been arrived at between the parties and in terms of the settlement the dispute between the parties was disposed of by the Principal Judge, Family Court, Gorakhpur on 26.02.2012, in proceedings under Section 125 Cr.P.C. Since parties have amicably settled their dispute outside the Court and the victim does not want to prosecute the applicants, no useful purpose would be served in keeping the present application pending.

5. Learned A.G.A. for the State has no objection if the instant application is allowed and the entire proceedings are quashed in terms of the compromise between the parties.

6. The Hon'ble Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, reported in (2019) 5 SCC 688 has laid down principles for quashing the proceeding on the basis of settlement/compromise. Relevant paragraphs are quoted herein below:- "15. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences 3 A482 No. 19216 of 2008 committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and

29.7 of the decision of this Court in the case of Narinder Singh vs. State of Punjab, (2014) 6 SCC 466 should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; v) while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc."

7. This Court is not unmindful of the following judgements of the Apex Court: 4 A482 No. 19216 of 2008 (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

9. In view of the aforesaid facts, since the parties have amicably settled their dispute outside the Court and compromise between the parties has already been verified by the trial Court, the present Application U/S 482 Cr.P.C.is liable to be allowed.

10. Accordingly, the present Application U/S 482 Cr.P.C. is allowed and consequently, proceedings of Case No. 1093 of 2007 - State Vs. Bramha Nand Tiwari and 5 Others, arising out of Case Crime No. 495 of 2006, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Sikriganj, District - Gorakhpur, pending in the Court of Judicial Magistrate-IInd, Gorakhpur, qua the present applicants is hereby quashed. September 15, 2025 A. Verma (Alok Mathur,J.) ANURAG VERMA High Court of Judicature at Allahabad