Hashmat Ali and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Hashmat Ali and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the impugned chargesheets/cognizance-summoning order and entire proceedings of Criminal Case No.- 137143 of 2023 (State Vs. Hashmat Ali & others), arising out of Case Crime No.- 70 of 2023 under Sections 504, 506 I.P.C., P.S- Chamanganj, District- Kanpur Nagar, pending in the Court of learned Additional Civil Judge (J.D.) -10th, Kanpur Nagar, against applicants Hashmat Ali, Zeeshan and Umair Ansari, on the basis of compromise between the parties.

Issue for consideration

Whether the entire proceedings of Criminal Case No.- 137143 of 2023 (State Vs. Hashmat Ali & others), arising out of Case Crime No.- 70 of 2023 under Sections 504, 506 I.P.C., pending before the learned Additional Civil Judge (J.D.) -10th, Kanpur Nagar, may be quashed on the basis of compromise between the parties.

Court's answer

This Court held that in appropriate cases criminal proceedings may be quashed on the basis of compromise.

Ratio / Principle

Applying that principle to the facts — the parties having settled all disputes, the compromise verified by the court concerned, the complainant not wishing to pursue the proceedings, quashing having no adverse impact on society, no indication of criminal antecedents, and opposite party no. 2's counter affidavit supporting quashing, with the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others (AIR 2019 SC 1296) — the Court held quashing of the impugned proceedings to be in the interest of justice.

Key takeaways

The impugned chargesheets/cognizance-summoning order and entire proceedings of Criminal Case No.- 137143 of 2023 (State Vs. Hashmat Ali & others), arising out of Case Crime No.- 70 of 2023 under Sections 504, 506 I.P.C., pending before the learned Additional Civil Judge (J.D.) -10th, Kanpur Nagar, against applicants Hashmat Ali, Zeeshan and Umair Ansari were quashed on the basis of the compromise.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), by order dated 19.8.2025, allowed an Application U/S 482 Cr.P.C. (No. 12249 of 2024) and quashed the chargesheets/cognizance-summoning order and the entire proceedings of Criminal Case No.- 137143 of 2023 (State Vs. Hashmat Ali & others), arising out of Case Crime No.- 70 of 2023 under Sections 504, 506 I.P.C., P.S- Chamanganj, District- Kanpur Nagar, pending before the learned Additional Civil Judge (J.D.) -10th, Kanpur Nagar, against applicants Hashmat Ali, Zeeshan and Umair Ansari. Quashing rested on the court-verified compromise between the applicants and opposite party no. 2, the complainant's counter affidavit seeking quashing, absence of adverse impact on society and of criminal antecedents, and the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296; the learned AGA raised no objection.

Neutral Citation No. - 2025:AHC:141594

Court No. - 89

Case :- APPLICATION U/S 482 No. - 12249 of 2024

Applicant :- Hashmat Ali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mushir Khan Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

The matter has been taken up as mentioned cases.

Heard Mr. Mushir Khan, learned counsel for the applicants and Mr. B.P. Singh, learned AGA for the State.

The present application has been filed with prayer to quash entire proceedings of Criminal Case No.- 137143 of 2023 (State Vs. Hashmat Ali & others) arising out of Case Crime No.- 70 of 2023 under Sections 504, 506 I.P.C., P.S- Chamanganj, DistrictKanpur Nagar pending in the Court of learned Additional Civil Judge (J.D.) -10th, Kanpur Nagar on the basis of compromise.

It has been submitted by learned counsel for the applicants that the applicants and opposite party no.2 have entered into compromise and they have amicably settled all the disputes on the basis of compromise. The compromise has already been verified by learned court concerned and report of proceedings of verification of compromise is on record. It was submitted that the complainant does not want to pursue the impugned proceedings. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

Learned A.G.A. has no objection if parties compromise the matter.

I have considered the submissions and perused the record.

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case it was submitted that both the parties have settled all the disputes and compromised the matter. It was submitted on behalf of both the

parties that impugned proceedings may be quashed on the basis of compromise between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.

In view of the aforesaid, the impugned chargesheets/cognizance-summoning order and entire proceedings of Criminal Case No.- 137143 of 2023 (State Vs. Hashmat Ali & others) arising out of Case Crime No.- 70 of 2023 under Sections 504, 506 I.P.C., P.S- Chamanganj, District- Kanpur Nagar pending in the Court of learned Additional Civil Judge (J.D.) -10th, Kanpur Nagar against applicants, namely, Hashmat Ali, Zeeshan and Umair Ansari are hereby quashed.

The application u/s 482 Cr.P.C. is allowed .

Order Date :- 19.8.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad