Allahabad High Court
Anuj Kumar Shukla @ Kaju And 2 Others vs State Of U.P. And Another on 26 August, 2025
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:148918
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 42874 of 2023
Court No. - 73
HON'BLE DINESH PATHAK, J.
1. Learned counsel for the applicants has filed supplementary affidavit, today in the Court, which is taken on record. Office is directed to proceed accordingly.
2. Heard learned counsel for the applicants as well as learned A.G.A. for the State-respondent; however, none is present on behalf of respondent no.2.
3. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire criminal proceedings including charge-sheet dated 27.08.2022 as well cognizance order dated 06.04.2023 in Case No.2930 of 2023 (State vs. Kaju @ Anuj Kumar Shukla & Others) arising out of Case Crime No.0195 of 2021 under Sections 498-A, 323, 504, 506 I.P.C., Police Station Sarai Akil, District Kaushambi pending before the C.J.M., Kaushambi.
4. It is submitted that instant matter is arising out of matrimonial discord. Having considered the amicable settlement between the parties, this Court, vide order order dated 18.01.2024, has referred the matter before the Mediation and Conciliation Centre of this Court. For ready reference, order dated 18.01.2024 is quoted herein below :-
"1. Supplementary affidavit filed by counsel for the applicants is taken on record.
2. Heard counsel for the applicants and Sri V.P. Tripathi, learned A.G.A. for the State.
3. The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet no. 02 of 2021 dated 27.08.2022 as well as cognizance order dated 06.04.2023 and the entire proceedings of Case No. 2930 of 2023 (State vs. Kaju @ Anuj Kumar Shukla and others) arising out of Case Crime No. 0195 of 2021, under Sections 498A, 323, 504 and 506 I.P.C., Police Station- Sarai Akil, District- Kaushambi, pending in the Court of Chief Judicial Magistrate, Kaushambi.
4. At the outset, counsel for the applicants submits that the present matter arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.
5. In view of the above, it is directed that applicants shall deposit a sum of Rs.25,000/- within three weeks from today with the Mediation Centre of this Court out of which Rs. 23,000/- shall be paid to the opposite party no.2 by way of expenses for her appearance before the Mediation Centre and Rs. 2,000/- shall be retained by the Mediation Centre as mediation fee.
6. The matter is remitted to the Mediation Centre with the direction that after deposit of such amount by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.
7. Thereafter the case shall be listed before the appropriate Bench along with the report of Mediation Centre on 24.04.2024.
8. Till the next date of listing, no coercive action shall be taken against the applicants in the above mentioned case.
9. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim protection granted by this Court shall automatically come to an end and it will be open for the court concerned to proceed against the applicants in accordance with law."
5. In compliance of the order dated 18.01.2024, both the parties have settled their dispute before the Mediation and Conciliation Centre of this Court and inked the settlement agreement dated 15.05.2024.
6. Learned counsel for the applicants submits that entire amount, as per settlement agreement, has been paid to the opposite party and, accordingly, application under Section 13-B of Hindu Marriage Act has been allowed vide order dated 30.11.2024 passed by the Additional Principal Judge, Family Court No.4, Prayagraj. Copy of the settlement agreement dated 15.05.2024 is on the record.
7. It is submitted by learned counsel for the applicants that in the above eventuality of amicable settlement took place between the parties, instant application may be allowed and the entire criminal proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 667. (iii) Manoj Sharma Vs. State & Others; (2008) 16 SCC 1. (iv) Gyan Singh Vs. State of Punjab (2012) 10 SCC 303. (v) Narindra Singh & Others Vs. State of Punjab (2014) 6 SCC 466.
8. In a recent judgment passed by a Three Judges' Bench of the Apex Court in the Case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, reported in AIR 2017 SC 4843, Hon'ble Supreme Court has summarized the ratio of all the cases decided earlier with respect to quashing of F.I.R./charge-sheet/criminal proceeding on the ground of settlement between the parties and expounded the ten categories in which application under Section 482 could be entertained for quashing the F.I.R./charge-sheet/criminal proceeding on the basis of compromise. Para no. 15 of the said judgement summarizing the proposition in this respect is reproduced below :-
"15. (i) Section 482 preserves the inherent power of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court; (ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. (iii) In forming an opinion whether a criminal proceeding or compliant should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power; (iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised;(i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court; (v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated; (vi) In exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot approximately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences; (vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned; (viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute; (ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and (x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanor. The consequences of the act complained of upon the financial or economic system will weigh in the balance."
9. Learned A.G.A. has no objection, in case, the instant application is finally decided by this Court on the basis of compromise took place between the parties, which is duly verified by the court concerned.
10. Having considered the compromise took place between the parties and with the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.
11. In view of the aforesaid pronouncements of the Hon'ble Apex Court and in the light of the compromise took place between the parties, duly verified by the court concerned, the present application under Section 482 Cr.P.C. is hereby allowed. The entire criminal proceeding of the aforementioned case is hereby quashed.
12. Let a copy of the order be transmitted to the concerned lower court for necessary action.
August 26, 2025
VR
