Mahendra and 2 Others Vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

Mahendra and 2 Others Vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the order dated 9.7.2024 and the entire proceedings of Sessions Case No. 1771 of 2021 (State Vs. Virendra and others), arising out of Case Crime No. 224 of 2019, under Sections 308, 323, 504 IPC, Police Station Belghat, District Gorakhpur.

Issue for consideration

Whether the order dated 9.7.2024 and the entire proceedings of Sessions Case No. 1771 of 2021 (State Vs. Virendra and others), arising out of Case Crime No. 224 of 2019, should be quashed under Section 482 Cr.P.C. in view of the compromise arrived at between the parties.

Court's answer

Inherent power can be used to do real and substantial justice, and can be exercised to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

Since the parties do not wish to pursue the case further, the dispute being essentially of a private nature with no wider social impact and mutually settled by way of compromise, no useful purpose would be served by proceeding further; the application is allowed and the order dated 9.7.2024 along with the entire proceedings of Sessions Case No. 1771 of 2021 are quashed.

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Sanjiv Kumar, J.), April 20, 2026 — Application under Section 482 Cr.P.C. (No. 26296 of 2024), Mahendra and 2 Others v. State of U.P. and Another: Allowed. The order dated 9.7.2024 and the entire proceedings of Sessions Case No. 1771 of 2021 (State v. Virendra and others), arising out of Case Crime No. 224 of 2019 under Sections 308, 323, 504 IPC, P.S. Belghat, District Gorakhpur, were quashed. The parties had entered into a compromise, verified by the court concerned (direction dated 26.11.2024; verification order dated 25.06.2024 as printed), and the learned A.G.A. conceded the compromise. Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), the Court held that inherent power can be used to do real and substantial justice and exercised to end criminal proceedings where the parties have settled; the dispute being essentially private with no wider social impact, no useful purpose would be served by continuing the prosecution. It was stated that applicant No.3, Virendra, died after verification of the compromise before the trial court.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 26296 of 2024

Mahendra And 2 Others

	Versus ....	.Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Hare Ram Pandey : G.A., Varun Shankar	Dwivedi

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Heard Mr. Hare Ram Pandey, learned counsel for the applicants, learned A.G.A. for the State of U.P., Mr. Varun Shankar Dwivedi, learned counsel for the opposite party no. 2 and perused the record.

This application under Section 482 of Cr.P.C has been filed for quashing the order dated 9.7.2024 as well as entire proceedings of Sessions Case No. 1771 of 2021 (State Vs. Virendra and others), arising out of Case Crime No. 224 of 2019, under Sections 308, 323, 504 IPC, Police Station Belghat, District Gorakhpur, pending in the Court of learned Sessions Judge, Gorakhpur.

Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 26.11.2024, 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 and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide order dated 25.06.2024, a copy of which has been annexed as Annexure No.SA-1 to the supplementary affidavit dated 22.3.2026.

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

A482 No. 26296 of 2024

2

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 order dated 9.7.2024 as well as entire proceedings of Sessions Case No. 1771 of 2021 (State Vs. Virendra and others), arising out of Case Crime No. 224 of 2019, under Sections 308, 323, 504 IPC, Police Station Belghat, District Gorakhpur, pending in the Court of learned Sessions Judge, Gorakhpur. pending in the Court of learned A.C.J.M., Court No.5, Agra, are hereby quashed.

It is stated on behalf of applicants that after verification of compromise before the learned Trial Court, applicant No.3- Virendra has died.

(Sanjiv Kumar,J.)

April 20, 2026 SFH

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