Ashutosh Chander Mishra and 5 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ashutosh Chander Mishra and 5 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceeding arising out of Case Crime No.411 of 2017 under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station - Vibhuti Khand, District Lucknow; Office directed to communicate the order to the court below forthwith.

Issue for consideration

Whether the entire criminal proceeding arising out of Case Crime No.411 of 2017 (Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Vibhuti Khand, District Lucknow) can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the parties duly verified by the court below.

Court's answer

Drawing on a catena of Hon'ble Apex Court decisions (Gian Singh; B.S. Joshi; Narinder Singh), inherent power can be exercised to expedite the ending of criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

Since the parties had mutually settled the purely personal-nature matter by a compromise duly verified by the court below (direction of 7.4.2025; verification report of 5.5.2025; concession of the learned A.G.A.), and did not wish to pursue the case further, no useful purpose would be served in continuing the proceedings.

Key takeaways

The present application is allowed and the entire criminal proceeding arising out of Case Crime No.411 of 2017 under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station - Vibhuti Khand, District Lucknow, is quashed.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 14 — Rajeev Singh, J. (decided October 15, 2025): In Application U/S 482 No. 2968 of 2025, Ashutosh Chander Mishra and 5 others v. State of U.P. and another, the application under Section 482 Cr.P.C. seeking quashing of the entire criminal proceeding arising out of Case Crime No.411 of 2017 (Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Vibhuti Khand, District Lucknow) was ALLOWED. Following an order dated 7.4.2025 directing verification, the court below verified the parties' compromise and reported on 5.5.2025, and the learned A.G.A. conceded the same. Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi and others v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), the inherent power under Section 482 Cr.P.C. was exercised to end criminal proceedings where parties to a purely personal dispute have mutually settled it, and the entire criminal proceeding was quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 2968 of 2025

Ashutosh Chander Mishra And 5 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Rudra Pratap Singh, Devendra Kumar, Mohd. Shahid Chaudhary Counsel for Opposite Party(s) : G.A., Narsingh

Court No. - 14

HON'BLE RAJEEV SINGH, J.

1. Heard, learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

2. This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding arising out of Case Crime No.411 of 2017 under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Vibhuti Khand, District Lucknow.

4. Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 7.4.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned court below verify the contents of compromise and it was duly verified.

5. Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 5.5.2025.

6. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.

A482 No. 2968 of 2025

2

7. Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

8. In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

9. For the discussions made above, the present application is allowed and entire criminal proceeding arising out of Case Crime No.411 of 2017 under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station - Vibhuti Khand, District Lucknow, is hereby quashed .

10. Office is directed to communicate this order to the court below, forthwith.

(Rajeev Singh,J.)

October 15, 2025

GauraV/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench