Allowed¶15

Awadhesh Kumar Alias Ajay Kumar and 4 Others v. State of U.P. and Another

Allahabad HC11 Aug 2025A482/28603/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application allowed; criminal proceedings on compromise/settlement; matrimonial dispute; Case Crime No. 0379 of 2022; Sections 498-A, 323, 504 I.P.C.; Section 3/4 D.P. Act; Police Station Sachendi, District Kanpur Nagar; compromise dated 20.07.2024 verified 09.10.2024; Parbatbhai Aahir (2017) 9 SCC 641; Gian Singh (2012) 10 SCC 303; State of M.P. v. Laxmi Narayan (2019) 5 SCC 688; abuse of process; ends of justice; Neutral Citation 2025:AHC:136530; Allahabad High Court.

What did the court decide?

Entire criminal proceedings of Case No. 6318 of 2024 (arising out of Case Crime No. 0379 of 2022, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of D.P. Act) quashed on the basis of the compromise dated 20.07.2024 verified on 09.10.2024. ¶15

Awadhesh Kumar Alias Ajay Kumar and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceedings of Case No. 6318 of 2024, arising out of Case Crime No. 0379 of 2022, should be quashed on the basis of the settlement/compromise arrived at between the parties. +1 more

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Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute, and there are no overbearing circumstances for which the applicants ought to be prosecuted even after the parties entered into a settlement.

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Ratio / Principle

In terms of the parties' settlement there is practically no chance of recording conviction even if the case under the F.I.R. is put to trial, so the entire exercise of trial would only be an exercise in futility; quashing is in the interest of justice as the close relatives have compromised and want to proceed peacefully ahead.

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Key takeaways

It would be unfair or contrary to the interest of justice to continue the criminal proceeding, and its continuation despite settlement and compromise between the victim and the wrongdoer would tantamount to abuse of process of law; to secure the ends of justice the criminal case should be put to an end.ratio¶12
In view of the well settled principles of law laid down by the Hon'ble Apex Court in Parbatbhai Aahir, Gian Singh and State of M.P. v. Laxmi Narayan, the proceedings of the aforesaid case are quashed.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vikram D. Chauhan, J.; Neutral Citation 2025:AHC:136530; Order Date 12.8.2025) allowed Application U/S 482 No. 28603 of 2024 filed by Awadhesh Kumar Alias Ajay Kumar and 4 others seeking quashing of the entire proceedings of Case No. 6318 of 2024 (State Vs. Awadhesh Kumar @ Ajay Kumar & Others), pending before the A.C.J. (S.D.), Court No. 6, Kanpur Nagar, arising out of Case Crime No. 0379 of 2022 under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of D.P. Act, Police Station Sachendi, District Kanpur Nagar. The parties had entered into a compromise on 20.07.2024, verified by the court concerned on 09.10.2024, and the learned A.G.A. raised no objection. Observing that the proceedings were essentially an outcome of a matrimonial dispute, that there was practically no chance of conviction and that further trial would be an exercise in futility amounting to abuse of process despite settlement between the victim and the wrongdoer, the court quashed the proceedings in view of the principles laid down in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688.

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Neutral Citation No. - 2025:AHC:136530

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 28603 of 2024

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Applicant :- Awadhesh Kumar Alias Ajay Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present application has been filed by applicants for quashing the entire proceedings of Case No. 6318 of 2024 (State Vs. Awadhesh Kumar @ Ajay Kumar & Others), arising out of Case Crime No. 0379 of 2022, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of D.P. Act, Police Station Sachendi, District Kanpur Nagar, pending in the Court of learned A.C.J. (S.D.), Court No. 6, Kanpur Nagar, on the basis of compromise arrived at between the parties.

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Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 20.07.2024 and the same has been verified by the court concerned on 09.10.2024, therefore, the present case be finally decided.

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Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings.

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Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the

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parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants being the close relatives, have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed.

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It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end.

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In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 20.07.2024, no useful purpose would be served in proceeding with the matter further.

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688 , the proceedings of the aforesaid case is hereby quashed.

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The present application under Section 482 Cr.P.C. is, accordingly, allowed .

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Order Date :- 12.8.2025 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Awadhesh Kumar Alias Ajay Kumar and 4 Others v. State of U.P. and Another

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