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HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 7558 of 2024

Amandeep Singh Alias Sonu Singh And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite

Party(s)

Counsel for Applicant(s) : Prem Narayan Singh

Counsel for Opposite Party(s) : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

1. Supplementary affidavit filed today in Court is taken on record.

2. Heard Mr. Prem Narayan Singh, learned counsel for the applicants, Mr.

Durga Prasad, learned counsel for the opposite party No. 2, learned A.G.A.

for the State and perused the record.

3. The present application under Section 528 BNSS has been filed to allow

the application and quash the entire proceeding of Case No.23876 of 2023

(State v. Amandeep Singh @ Sonu), arising out of cognizance order dated

09.10.2023 passed by learned Judicial Magistrate-III, Meerut as well as

charge-sheet No. 102 of 2023 dated 15.06.2023 registered as Case Crime

No. 114 of 2023 under Sections 498-A, 323, 504 IPC and Sections 3/4 of

D.P. Act, Police Station-Hastinapur, District Meerut.

4. It is submitted by learned counsel for the parties that the parties appeared

before the Court concerned for verification of the compromise dated

29.11.2023, (Annexure No. 4). The said compromise has been duly verified

by the learned Judicial Magistrate, Court No.3, Meerut vide order dated

14.05.2024.

4. 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

A482 No. 7558 of 2024

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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.

5. 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.

6. Learned A.G.A. also does not dispute the correctness of the submissions

made by the learned counsel for both the parties.

7. 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."

8. 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

comple