Pirthi Singh vs State Of U.P. And Another
2025 Latest Caselaw 10848 ALL

Allahabad High Court

Pirthi Singh vs State Of U.P. And Another on 19 September, 2025

Author: Dinesh Pathak

Bench: Dinesh Pathak

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:168903
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 482 No. - 8591 of 2023   
 
   Pirthi Singh    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Chandra Shekhar Kushwaha   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
Desh Raj Kushwaha, G.A.   
 
     
 
 Court No. - 73
 
   
 
 HON'BLE DINESH PATHAK, J.      

In Re: Criminal Misc. Recall Application No.04 of 2025

1. Instant application has been moved on 14.08.2025 seeking recall of order dated 15.07.2025 whereby the original application u/s 482 CrPC has been dismissed for want of prosecution.

2. Learned counsel for respondent No.2 has no objection to the recall application.

3. Cause shown for non appearance of counsel for the applicant is sufficient and to the satisfaction of the Court.

4. As such, recall application is allowed. The order dated 15.07.2025 passed by this Court is hereby recalled and original application u/s 482 CrPC is restored to its original number.

Order on application u/s 482 CrPC

1. Heard learned counsel for the applicant and learned counsel for the respondent No.2 as well as learned AGA for the State-respondents.

2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire criminal proceedings of Case No.6844 of 2016, arising out of Crime No.79 of 2015 (State v. Pirthi), under Sections 420, 406, 467, 468, 477, 120-B IPC, P.S.- Nakur, District- Saharanpur, pending in the Court of IInd ACJM, Saharanpur, on the basis of compromise dated 03.02.2023.

3. It is submitted that during pendency of the criminal proceedings, both the parties have settled their dispute amicably out of the Court and arrived at compromise. Having considered the amicable settlement between the parties, this Court, vide order dated 15.03.2023, has relegated the parties before the court below to get their compromise verified. For ready reference, order dated 15.3.2023 is quoted herein below :-

"It appears that the parties have filed an application seeking to compound the prosecution pending before the IInd Additional Chief Judicial Magistrate, Saharanpur vide Case No. 6844 of 2016, State Vs. Pirthi,) (arising out of Crime No. 79 of 2015) under Sections 420, 406, 467, 468, 477, 120B IPC, Police Station-Nakur, District Saharanpur.

A certified copy of the compromise application dated 3.2.2023 filed before the Magistrate dated 3.2.2023 is on record which is not verified by the Magistrate.

Let the same be verified by the Additional Chief Judicial Magistrate-IInd, Saharanpur within a week and the report sent to this Court positively by the next date of listing.

List on 29th March, 2023.

Issue notice to opposite party no.2 returnable on 29th March, 2023.

Lay as fresh again on 29th March, 2023 together with the report of the Magistrate concerned regarding verification of the compromise filed by parties.

Till 29th March, 2023, no coercive steps shall be taken by the Magistrate in Case No. 6844 of 2016, State Vs. Pirthi, (arising out of Crime No. 79 of 2015) under Sections 420, 406, 467, 468, 477, 120B IPC, Police Station-Nakur, District Saharanpur."

4. In compliance of the order dated 15.03.2023 passed by this Court, learned Additional Chief Judicial Magistrate-II, Saharanpur has submitted the compromise verification report dated 04.04.2023 alongwith copy of the compromise application. As per the compromise verification report/order, both the parties have appeared and they have been identified by their respective counsel. The contents of the compromise have been spelled out to the parties who have admitted the factum of the compromise. They stated that they have entered into compromise out of their own volition and want to decide the matter on the basis of compromise. Accordingly, compromise has been verified in presence of both the parties by the above Court.

5. It is submitted by learned counsel for the applicant 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.

6. 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."

7. 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.

8. Learned counsel for the opposite party no.2 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise. He also submits that compromise was verified in presence of both the parties, who have voluntarily entered into compromise and opposite party no.2 does not want to prosecute the present case against the applicant any more as no dispute remains between the parties.

9. 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.

10. 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.

11. Let a copy of the order be transmitted to the concerned lower court for necessary action.

(Dinesh Pathak,J.)

September 19, 2025

Prachi