Kishan Kumar Saini Alias Gopal Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Kishan Kumar Saini Alias Gopal Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings of Case No. 3001 of 2021 (State Vs. Kishan Saini) arising out of Case Crime No. 189 of 2018 under Sections 354A, 504 IPC, Police Station Link Road, District Ghaziabad, together with the charge sheet and the cognizance order dated 7.9.2018, quashed.

Issue for consideration

Whether the entire proceedings of Case No. 3001 of 2021 (State Vs. Kishan Saini) arising out of Case Crime No. 189 of 2018 under Sections 354A, 504 IPC, together with the charge sheet and cognizance order dated 7.9.2018, are liable to be quashed under Section 482 Cr.P.C in view of the compromise between the parties.

Court's answer

Inherent power under Section 482 Cr.P.C can be exercised to do real and substantial justice and to bring criminal proceedings to an end where the parties have arrived at a settlement.

Ratio / Principle

Where the dispute has been mutually settled by compromise, is essentially of a private nature with no wider social impact, and the parties do not wish to pursue the case, no useful purpose would be served by proceeding with the matter further.

Key takeaways

The application under Section 482 Cr.P.C is allowed and the entire proceedings of Case No. 3001 of 2021 arising out of Case Crime No. 189 of 2018 under Sections 354A, 504 IPC, along with the charge sheet and cognizance order dated 7.9.2018, are quashed.ratio¶19

Detailed headnote1 paragraphs

Quashing under Section 482 Cr.P.C on the basis of compromise — Criminal proceedings in Case No. 3001 of 2021 (State Vs. Kishan Saini) arising out of Case Crime No. 189 of 2018 under Sections 354A and 504 IPC, Police Station Link Road, District Ghaziabad, together with the charge sheet and cognizance order dated 7.9.2018, quashed. The compromise was verified by the Civil Judge (S.D.)/Fast Court, Ghaziabad vide order dated 21.10.2024 pursuant to this Court's direction dated 29.08.2024, and the learned A.G.A. conceded the verification. Relying on Gian Singh v. State of Punjab, B.S. Joshi v. State of Haryana and Narinder Singh v. State of Punjab, the Court held that inherent power can be exercised to do real and substantial justice where the dispute is essentially of a private nature, has no wider social impact, and the parties have mutually settled, as no useful purpose would be served by proceeding further.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 23927 of 2024

Kishan Kumar Saini Alias Gopal

.....Applicant(s)

Versus
State Of U.P. And Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Jahangir Haider
Counsel for Opposite Party(s)	: G.A.

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Heard Mr. Jahangir Haider, learned counsel for the applicants, Sri Rajnesh Sharma, learned A.G.A. for the State of U.P. and perused the record.

This application under Section 482 Cr.P.C has been filed for quashing the entire proceedings of Case No. 3001 of 2021 ( State Vs. Kishan Saini), arising out of Case Crime No. 189 of 2018, under Sections 354A, 504 IPC, Police Station Link Road, District Ghaziabad pending before the learned Senior Division (FTC), District Ghazaibad as well as charge sheet as well as cognizance order 7.9.2018.

Learned counsel for the applicants submitted that vide order dated 29.08.2024, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the court concerned had verified the contents of compromise.

Learned counsel for the applicants further submitted that the parties have entered into compromise, which has duly been verified by the court concerned namely, Civil Judge (S.D.)/ Fast Court, Ghaziabad vide order dated 21.10.2024

In this regard, the court concerned i.e. learned Civil Judge (S.D.)/ Fast Court, Ghaziabad has sent report dated 21.10.2024, along with verification order and verified compromise, which shows that both the

A482 No. 23927 of 2024

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parties appeared before the Court and verified the compromise.

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.

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.

In view of the aforesaid facts and considering that the parties do not wish to pursue the case any further, the dispute is essentially of a private nature and has no wider social impact. Since it has been mutually settled between the parties by way of a compromise, no useful purpose would be served by proceeding with the matter further.

For the discussions made above, the present application is allowed and the entire proceedings of Case No. 3001 of 2021 ( State Vs. Kishan Saini), arising out of Case Crime No. 189 of 2018, under Sections 354A, 504 IPC, Police Station Link Road, District Ghaziabad pending before the learned Senior Division (FTC), District Ghazaibad as well as charge sheet as well as cognizance order 7.9.2018, are hereby quashed.

(Sanjiv Kumar,J.)

April 20, 2026 SFH

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad