Tarachnad @ Tare and 3 Others Vs State of Up and 4 Others — Allahabad HC (2026) — LawSathi Research

Tarachnad @ Tare and 3 Others Vs State of Up and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings of Complaint No. 4640 of 2020, Subhash v. Tarachand @ Tare and others, under Sections 452, 307 and 506 IPC, pending before the Chief Judicial Magistrate, Bijnor, quashed on the basis of compromise between the parties.

Issue for consideration

Whether the entire proceedings of Complaint No. 4640 of 2020, Subhash v. Tarachand @ Tare and others, under Sections 452, 307 and 506 IPC, pending before the Chief Judicial Magistrate, Bijnor, are liable to be quashed under Section 482 Cr.P.C. on the basis of the compromise entered into between the parties.

Court's answer

From the perusal of the record it is apparent that the parties have entered into compromise and have settled their dispute amicably.

Ratio / Principle

In view of the records and the law laid down by the Apex Court on quashing of cases on the basis of settlement between the parties, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.

Key takeaways

The entire proceedings of Complaint No. 4640 of 2020 are quashed and the present application is allowed.ratio¶21

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of compromise — Application under Section 482 Cr.P.C. by accused persons to quash the entire proceeding of Complaint No. 4640 of 2020, Subhash v. Tarachand @ Tare and others, under Sections 452, 307 and 506 I.P.C., Police Station Chandpur, District Bijnor, pending before the learned Chief Judicial Magistrate, Bijnor. Applicants and opposite party nos. 2 to 5 had compromised the dispute (compromise annexed as annexure no.6 and filed before the trial Court); counsel for opposite party nos. 2 to 5 admitted the compromise and raised no objection. Relying on the Apex Court in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Shaifullah and Parbatbhai Ahir, and finding that the parties had settled their dispute amicably, the Court held the case fit for exercise of its powers and quashed the entire proceedings, allowing the application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 39895 of 2024

Tarachnad @ Tare And 3 Others

.....Applicant(s)

Versus

State Of Up And 4 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Shamsher Singh
Counsel for Opposite Party(s)	: Marjeet Mishra, G.A.

Court No. - 80

HON'BLE CHAWAN PRAKASH, J.

Heard Sri Shamsher Singh, learned counsel for the applicants, Sri Marjeet Mishra, learned counsel for the opposite party nos.2 to 5 and, learned AGA for the State and perused the records.

The present application under Section 482 Cr.P.C., has been filed by the applicants with the prayers to quash the entire proceeding of Compliant No. 4640 of 2020, Subhash v. Tarachand @ Tare and others, under Sections 452, 307 and 506 I.P.C., Police Station Chandpur, District Bijnor, pending before the learned Chief Judicial Magistrate, Bijnor, on the basis of compromise entered into by the parties.

Learned Counsel for the applicants has submitted that the applicants and opposite party nos. 2 to 5 have compromised the dispute, copy of the same is annexed as annexure no.6 to the present application. It is further argued that the said compromise has also been filed before the concerned trial Court, as such the proceedings against the applicant may be quashed.

Learned counsel for opposite party nos. 2 to 5 admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicants.

From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4

A482 No. 39895 of 2024

2

SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.

The entire proceedings of the aforesaid case are hereby quashed .

The present application is allowed .

March 20, 2026 Vijay

(Chawan Prakash,J.)

Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad