Mahatam and 3 Others Vs State of U.P. and… — Murder and Culpable Homicide | Allahabad HC (2025)

Mahatam and 3 Others Vs State of U.P. and… — Murder and Culpable Homicide | Allahabad HC (2025)

Neutral Citation No. - 2025:AHC:146284

Court No. - 89

Case :- APPLICATION U/S 482 No. - 37599 of 2024

Applicant :- Mahatam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Rpasad Kushwaha,Radheshyam Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Sri J.P. Kushwaha, learned counsel for the applicant and Sri Radhey Shyam, learned AGA for the State.

Instant application has been filed with the prayer to quash the order dated 6.5.2024 passed by ADJ/FTC-I Kushi Nagar in pursuance of the compromise deed dated 26.9.2022 between the parties to settle the matter permanently.

It is submitted by learned counsel for the applicants that learned trial court has rejected the application for deciding the case on the basis of compromise entered into between the applicant and opposite party no. 2 the informant vide order impugned.

Learned counsel further submitted that since the applicants and opposite party no. 2 have entered into compromise therefore the proceedings of case crime no. 178 of 2005 under section 304, 34, 504, 506 IPC may be quashed by this Court. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served keeping the matter pending. In support of his contention, learned counsel for the applicants has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.

On the other hand learned AGA for the State has opposed the above submission made by learned counsel for the applicants and submitted that the case falls under section 304 IPC which is heinous offence and proceedings of the case cannot be quashed on the basis of compromise in such type of cases.

The Session Trial No. 37 of 2006 arising out of 178/2005 under section 304 r/w 34, 504, 506 IPC is pending for trial before learned ADJ/FTC-I Kushi Nagar. An application was filed before the

learned court concerned in pursuance of that since applicant and opposite party no. 2 have entered into compromise therefore case may be decided in the light of compromise arrived between the parties . Learned trial court has rejected the said application by holding that the offence under section 304 IPC is not a compoundable offence.

Though the proceedings of the non compoundable cases can be quashed under section 482 Cr.P.C. as per law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688 but such type of heinous offences like offence under section 304 IPC do not fall within the purview of the law laid down in the above case laws.

In view of the above, application is dismissed.

Order Date :- 23.8.2025 SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad