Asha Devi and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Asha Devi and Another 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 Case Crime No.277 of 2011 (Criminal Case No.3712 of 2023), under Sections 323, 504, 506 of IPC, P.S. Chhajlet, District Moradabad, pending before Additional Chief Judicial Magistrate-4, Moradabad, against Asha Devi and Km. Rekha, on the basis of the compromise between the parties.

Issue for consideration

Whether the entire criminal proceedings (charge-sheet dated 22.12.2011, cognizance order dated 06.01.2012 and proceedings of Criminal Case No.3712 of 2023, arising out of Case Crime No.277 of 2011 under Sections 323, 504, 506 IPC) may be quashed on the basis of the compromise arrived at between the parties through mediation, the underlying dispute being civil in nature.

Court's answer

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise.

Ratio / Principle

Where the parties to a criminal proceeding arising out of a civil dispute have amicably settled all their disputes through mediation and compromised the matter, quashing would have no adverse impact on society; noting further that there was nothing to indicate any criminal antecedents of the parties and that the complainant (opposite party no. 2) did not wish to pursue the proceedings, quashing on the basis of the compromise serves the interest of justice (considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296).

Key takeaways

Accordingly, the impugned chargesheets/cognizance-summoning order and the entire proceedings of Case Crime No.277 of 2011, under Sections 323, 504, 506 of IPC, P.S. Chhajlet, District Moradabad, pending before Additional Chief Judicial Magistrate-4, Moradabad, were quashed against Asha Devi and Km. Rekha, and the application u/s 482 Cr.P.C. was allowed.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 89), Hon'ble Jitendra Kumar Sinha, J. — Application U/S 482 No. 35263 of 2024 (Neutral Citation 2025:AHC:145645), decided 23.8.2025: The impugned chargesheets/cognizance-summoning order and the entire proceedings of Criminal Case No.3712 of 2023 (State Vs. Asha Devi and others), arising out of Case Crime No.277 of 2011 under Sections 323, 504, 506 of IPC, P.S. Chhajlet, District Moradabad, pending before Additional Chief Judicial Magistrate-4, Moradabad, along with the charge-sheet dated 22.12.2011 and cognizance order dated 06.01.2012, were quashed against applicants Asha Devi and Km. Rekha on the basis of the compromise arrived at between the parties through mediation. The dispute was found to be civil in nature; both parties had amicably settled all disputes, agreed to withdraw all pending cases and complied with the mediation conditions; the complainant (opposite party no. 2) did not wish to pursue the proceedings and had filed a counter affidavit supporting quashing; nothing indicated criminal antecedents of the parties. Reliance was placed on State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296. Application allowed.