Aniket Dixit @ Nandu and 8 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Aniket Dixit @ Nandu and 8 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No.1317 of 2019 (State Vs. Aniket @ Nandu and others) arising out of Case Crime No.4931 of 2017, under Sections 147, 452, 323, 504, 506, 427 I.P.C., P.S. Kotwali, District Shahjahanpur, pending before the Chief Judicial Magistrate, Shahjahanpur, and the charge sheet dated 28.01.2018.

Issue for consideration

Whether the entire proceedings of Criminal Case No.1317 of 2019 (State Vs. Aniket @ Nandu and others) arising out of Case Crime No.4931 of 2017, under Sections 147, 452, 323, 504, 506, 427 I.P.C., and the charge sheet dated 28.01.2018 should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

In view of the amicable settlement between the parties and considering the dictum of the Apex Court in B.S. Joshi, Gian Singh, Shambhu Kewat, Deepak, Manish, J. Ramesh Kamath, Rajveer Singh and Parbatbhai Ahir, the entire proceedings of Criminal Case 1317 of 2019 (State Vs. Aniket @ Nandu and others) arising out of Case Crime No.4931 of 2017, under Sections 147, 452, 323, 504, 506, 427 I.P.C., P.S. Kotwali, District Shahjahanpur, pending before the Chief Judicial Magistrate, Shahjahanpur, and the charge sheet dated 28.01.2018 are quashed.

Ratio / Principle

The parties settled their dispute amicably out of their own free will, and the compromise application filed before the trial court was verified by the trial court vide order dated 12.01.2024, a certified copy whereof was placed on record.

Key takeaways

The instant application under Section 482 Cr.P.C. is allowed.ratio¶22

Detailed headnote1 paragraphs

Criminal Procedure - Quashing - Section 482 Cr.P.C. - Compromise between parties - Amicable settlement verified by trial court - Allahabad High Court (Praveen Kumar Giri, J.) allowed application under Section 482 Cr.P.C. and quashed the entire proceedings of Criminal Case No.1317 of 2019 (State Vs. Aniket @ Nandu and others) arising out of Case Crime No.4931 of 2017, under Sections 147, 452, 323, 504, 506, 427 I.P.C., P.S. Kotwali, District Shahjahanpur, pending before the Chief Judicial Magistrate, Shahjahanpur, together with the charge sheet dated 28.01.2018. Parties had settled the dispute out of their own free will; compromise application dated 15.09.2022 filed before the High Court; by order dated 21.12.2023 matter remitted to trial court for verification; compromise verified vide order dated 12.01.2024. O.P. No.2 did not wish to proceed with the criminal proceedings. Reliance placed on B.S. Joshi v. State of Haryana (2003) 4 SCC 675, Gian Singh v. State of Punjab (2012) 10 SCC 303, State of Rajasthan v. Shambhu Kewat (2014) 4 SCC 149, State of M.P. v. Deepak (2014) 10 SCC 285, State of M.P. v. Manish (2015) 8 SCC 307, J. Ramesh Kamath v. Mohana Kurup (2016) 12 SCC 179, State of M.P. v. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir v. State of Gujarat (2017) 9 SCC 641. Decided March 18, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 32709 of 2023

Aniket Dixit @ Nandu And 8 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Purushottam Pandey
Counsel for Opposite Party(s)	: G.A., Rajesh Kumar Mishra

Court No. - 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard Sri Purushottam Pandey, learned counsel for the applicants and Sri Rajesh Kumar Mishra, learned counsel for O.P. No.2.

Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.

The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding of the case no.1317 of 2019 ( State Vs. Aniket @ Nandu and others) arising out of Case Crime No.4931 of 2017, under Sections 147, 452, 323, 504, 506, 427 I.P.C., P.S. Kotwali, District Shahjahanpur pending in the court of Chief Judicial Magistrate, Shahjahanpur and charge sheet dated 28.01.2018, ( on the basis of the compromise done between the parties).

It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Case No.1317 of 2019 ( State Vs. Aniket @ Nandu and others) arising out of Case Crime No.4931 of 2017, under Sections 147, 452, 323, 504, 506, 427 I.P.C., P.S. Kotwali, District Shahjahanpur pending in the court of Chief Judicial Magistrate, Shahjahanpur ( on the basis of the compromise done between the parties), during the pendency of the present application before this Hon'ble Court. And/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

A482 No. 32709 of 2023

2

4.The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise application dated 15.09.2022 before this Court. Thereafter, this Court, vide order 21.12.2023, has directed the parties to appear before the concerned trial court for verification of the compromise application with a direction to the trial court to verify the compromise application in presence of both the parties and submit a report to this Court.

Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise application before the trial court, which has been verified by the trial Court, vide order dated 12.01.2024, A certified copy whereof has been annexed on page no.9 of supplementary affidavit dated 20.03.2024, which is kept on record.

In the present case, the sections involved are Section 147, 452, 323, 504, 506, 427 I.P.C.

Learned counsel for the opposite party no.2 has submitted that the O.P. No.2 does not want to proceed with the impugned criminal proceedings.

Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of Criminal Case 1317 of 2019 ( State Vs. Aniket @ Nandu and others) arising out of Case Crime No.4931 of 2017, under Sections 147, 452, 323, 504, 506, 427 I.P.C., P.S. Kotwali, District Shahjahanpur pending in the court of Chief Judicial Magistrate, Shahjahanpur and charge sheet dated 28.01.2018 are hereby quashed.

Accordingly, the instant application is allowed.

March 18, 2026 SFH

(Praveen Kumar Giri,J.)

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