Kaluva Singh and 4 Others Vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46393 of 2025

Kaluva Singh And 4 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Shanti Dhar Dwivedi : Akhilesh Kumar Vishwakarma, G.A.

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Court No. - 78

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HON'BLE NAND PRABHA SHUKLA, J.

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Heard Mr. Shanti Dhar Dwivedi, learned counsel for the applicants, Mr. Akhilesh Kumar Vishwakarma, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record.

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The present application under Section 528 BNSS has been filed to allow this application and quash the entire proceeding of case No.780 of 2025 (State Vs. Munish Singh and others), arising out of case crime No.113 of 2024 under section 498A, 323 IPC and 3/4 D.P. Act, police station Anoopshahar, District Bulandshahar, pending in the court of learned Additional Chief Judicial Magistrate Anoopshahar, District Bulandshahar as well as charge sheet dated 24.06.2024 alongwith cognizance order dated 05.07.2025 passed by learned Additional Chief Judicial Magistrate Anoopshahar, District Bulandshahar.

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It is submitted by learned counsel for the parties that the matrimonial dispute between the applicant No. 1 and opposite party No. 2 was referred to Mediation and Conciliation Centre of this Court in First Appeal No. 1074 of 2024 wherein the parties have settled the disputes as per terms and conditions of settlement agreement dated 04.04.2025.

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Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicants and the opposite party No.2. It is also argued that the parties have willingly entered into a settlement and not under duress or threat or coercion and are not interested in pursuing the matter pending in the Court concerned and, therefore, the

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NA528 No. 46393 of 2025

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impugned proceedings be quashed on the ground of compromise between the parties and they do not propose to file the counter affidavit and rejoinder affidavit.

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Learned counsel for the opposite party No. 2 admits the arguments of learned counsel for the applicants and states that he has no objection if the impugned proceeding pending against the applicants, is quashed.

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Learned A.G.A. also does not dispute the correctness of the submissions made by the learned counsel for both the parties.

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The law with regard to quashing of a case on the basis of settlement arrived between the parties, is well settled. In the light of the judgment of Hon'ble Apex Court in B.S. Joshi and Others Vs. State of Haryana and another, (2003) 4 SCC 675 , it has been held that "High Courts have the inherent power under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash First Information Reports (FIRs) and criminal proceedings, particularly in matrimonial disputes where a genuine settlement has been reached between the parties. The Court clarified that Section 320 Cr.P.C., which lists compoundable offences, does not restrict this power, and exercising it is crucial for promoting amicable settlements and serving the ends of justice, even if the offences are otherwise non-compoundable."

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The Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian Singh Vs. State of Punjab and Another, (2012)10 SCC 303 , has held that "But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim."

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The Hon'ble Supreme Court in Parbatbhai Ahir alias Parbatbhai

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NA528 No. 46393 of 2025

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Bhimsinhbhai Karmur and others vs. State of Gujarat and another, (2017) 9 SCC 641 has laid down broad principles of quashing the criminal proceedings in exercise of inherent jurisdiction on the ground that "even in the non compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases."

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The parties have agreed to withdraw the proceedings pending amongst them in Court concerned. From perusal of the records and the law as cited above, the present case is a good case for exercise of power by the Court to quash summoning order as well as entire proceedings.

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The dispute appears to be purely of a matrimonial in nature that has been mutually settled between the parties to their entire satisfaction, therefore, no useful purpose would be served in allowing the prosecution to continue any longer.

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The present application for quashing filed under Section 528 BNSS comes within the parameters as laid down by the Hon'ble Supreme Court in Pradeep Kumar Kesarwani Vs. State of Uttar Pradesh & Another, Criminal Appeal No. 3831 of 2025, SLP (Crl.) No. 11642 of 2019 dated 02.09.2025.

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In view of above, the entire proceeding of case No.780 of 2025 (State Vs. Munish Singh and others), arising out of case crime No.113 of 2024 under section 498A, 323 IPC and 3/4 D.P. Act, police station Anoopshahar, District Bulandshahar, pending in the court of learned Additional Chief Judicial Magistrate Anoopshahar, District Bulandshahar, are hereby quashed.

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The present application under Section 528 BNSS is, accordingly, allowed .

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(Nand Prabha Shukla,J.)

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May 7, 2026 Aditya Tripathi

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Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad

Kaluva Singh and 4 Others v. State of U.P. and Another

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Kaluva Singh and 4 Others v. State of U.P. and Another

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