Mukesh Alias Baba and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mukesh Alias Baba and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire criminal proceedings of Case Crime No. 54 of 2021 (State versus Mukesh @ Baba and others) — comprising the charge sheet dated 20.06.2021 and the cognizance order dated 23.03.2022, under Sections 323, 504, 452 IPC, Police Station-Vaidpura, District-Etawah, pending before Additional Chief Judicial Magistrate III, Etawah — are quashed on the basis of the verified compromise between the parties; the application under Section 482 CrPC is allowed.

Issue for consideration

Whether the criminal proceedings arising out of Case Crime No. 54 of 2021 (charge sheet dated 20.06.2021 and cognizance order dated 23.03.2022, under Sections 323, 504, 452 IPC, Police Station-Vaidpura, District-Etawah, pending before Additional Chief Judicial Magistrate III, Etawah) should be quashed in view of the compromise dated 05.09.2023 mutually settled between the applicants and opposite party no. 2.

Court's answer

Since the applicants and opposite party no. 2 have mutually settled their private dispute through a compromise verified by the court below (verification order dated 02.04.2024) and no useful purpose would be served by continuing the prosecution, the proceedings of Case Crime No. 54 of 2021 (State versus Mukesh @ Baba and others), under Sections 323, 504, 452 IPC, Police Station-Vaidpura, District-Etawah, are hereby quashed, in accordance with the well-settled principle laid down by the Hon'ble Apex Court relied upon by this Court (Krishnappa; Parbatbhai Aahir; B.S. Joshi; Nikhil Merchant; Gian Singh; Narinder Singh).

Ratio / Principle

Where the parties themselves do not want to pursue the case further and the matter has been mutually settled between them, no useful purpose would be served in proceeding with the prosecution any further; such proceedings may accordingly be quashed on the strength of the compromise, following the settled Apex Court principle invoked by this Court.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. - 84); single-judge bench of Hon'ble Deepak Verma, J.; Application U/S 482 No. - 31261 of 2024 (Neutral Citation 2025:AHC:84523), Order Date 20.5.2025. Applicants Mukesh Alias Baba and 3 others filed a 482 Cr.P.C. application to quash the charge sheet dated 20.06.2021 and the cognizance order dated 23.03.2022 arising out of Case Crime No. 54 of 2021 (State versus Mukesh @ Baba and others), under Sections 323, 504, 452 IPC, Police Station-Vaidpura, District-Etawah, pending before Additional Chief Judicial Magistrate III, Etawah, on the basis of a compromise dated 05.09.2023 with opposite party no. 2. An earlier application (Application under Section 482 No. 1503 of 2024) had led a Co-ordinate Bench to direct the parties (order dated 07.03.2024) to appear before the court below, which verified the parties and the compromise and issued a verification order on 02.04.2024. The State raised no objection, and opposite party no. 2 did not wish to press the case. Relying on the well-settled Apex Court principle as laid down in Krishnappa & Ors. v. State of Karnataka (2021 0 Supreme(SC) 529), Parbatbhai Aahir v. State of Gujarat (2017 9 SCC 641), B.S. Joshi v. State of Haryana (2003(4) SCC 675), Nikhil Merchant v. CBI ((2008) 9 Supreme Court Cases 677), Gian Singh v. State of Punjab ((2012) 10 SCC 303) and Narinder Singh v. State of Punjab ((2014) Supreme Today 642), the Court held that no useful purpose would be served by continuing prosecution after the mutually settled compromise, and quashed the proceedings of Case Crime No. 54 of 2021. The application under Section 482 CrPC was accordingly allowed.