Rajesh Ratnakar and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rajesh Ratnakar and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge-sheet dated 25.12.2010 and the entire proceedings of Criminal Case No. 948 of 2011 (State vs. Rajesh and others) pending before the Chief Judicial Magistrate, Firozabad, arising out of FIR No. 266 of 2010 under Section 306 IPC.

Issue for consideration

Whether the impugned charge-sheet dated 25.12.2010 and the entire proceedings of Criminal Case No. 948 of 2011, arising out of FIR No. 266 of 2010 under Section 306 IPC, should be quashed in view of the settlement/compromise arrived at between the parties.

Court's answer

On examination of the matter in its totality, the criminal proceedings were essentially an outcome of a dispute between relatives; there being no overbearing circumstances warranting prosecution after the parties entered into a settlement, and conviction being practically impossible, the trial would be an exercise in futility, and it would be in the interest of justice that the criminal proceedings be quashed.

Ratio / Principle

Continuation of the criminal proceeding despite the settlement and compromise between the victim and the wrongdoer would be unfair, contrary to the interest of justice, and would tantamount to abuse of the process of law; to secure the ends of justice, the criminal case ought to be put to an end.

Key takeaways

Since the parties have mutually settled the matter in view of the compromise dated 18.06.2013 and do not wish to pursue the case, no useful purpose would be served in proceeding with the matter further.ratio¶16
In view of the well settled principles of law laid down by the Hon'ble Apex Court in Parbatbhai Aahir v. State of Gujarat, Gian Singh v. State of Punjab and State of M.P. v. Laxmi Narayan, the proceedings of Criminal Case No. 948 of 2011 stand quashed.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.; decided September 22, 2025) allowed Application U/S 528 BNSS No. 11668 of 2025 filed by Rajesh Ratnakar and four others seeking quashing of the charge-sheet dated 25.12.2010 (cognizance taken 05.03.2011) and the entire proceedings of Criminal Case No. 948 of 2011 (State vs. Rajesh and others) arising out of FIR No. 266 of 2010 under Section 306 IPC, Police Station Tundla, District Firozabad. The parties had entered into a compromise on 18.06.2013, verified by the court concerned on 22.08.2025; learned AGA did not dispute the settlement, raised no objection to the proceedings being ended, and submitted there was virtually no chance of conviction. Holding the prosecution to be essentially the outcome of a dispute between relatives, that the trial would be an exercise in futility, and that continuation despite settlement would amount to abuse of the process of law, the Court quashed the proceedings, relying on the principles laid down in Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 11668 of 2025

Rajesh Ratnakar And 4 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Aditya Yadav, Shivam Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

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

This application has been filed for quashing the impugned charge-sheet dated 25.12.2010, over which cognizance was taken on 05.03.2011, as well as, entire proceedings of Criminal Case No. 948 of 2011 (State vs. Rajesh and others) pending before the Learned Chief Judicial Magistrate, Firozabad, arising out of Case Crime FIR No. 266 of 2010 (Crime No.459 of 2010) under Section 306 of the I.P.C., Police Station Tundla, District Firozabad.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 18.06.2013 and the same has been verified by the court concerned on 22.08.2025, therefore, the present case be finally decided.

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.

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

NA528 No. 11668 of 2025

2

outcome of a dispute between relatives 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 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 have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed.

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.

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 18.06.2013, no useful purpose would be served in proceeding with the matter further.

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.

The present application is, accordingly, allowed .

(Vikram D. Chauhan,J.)

September 22, 2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad