Settlement in Private Dispute Justifies Quashing Non-Compoundable Offences u/s 482 CrPC: Allahabad HC - 2025-03-31

Allahabad High Court Quashes Criminal Proceedings Based on Amicable Settlement

Allahabad, [Date of Judgement - July 21, 2023] – The Allahabad High Court, in a recent judgment, has quashed criminal proceedings in a case arising from a private dispute, emphasizing the importance of amicable settlements even in cases involving non-compoundable offenses. The bench, comprising Justices Anjani Kumar Mishra and Gajendra Kumar, delivered the order in a Criminal Misc. Application filed under Section 482 of the Criminal Procedure Code (CrPC).

Case Overview: Seeking Quashing of Proceedings

The application was filed by Deepak Kumar and another individual seeking to quash the entire proceedings of Case Crime No. 123 of 2021, registered under Sections 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the Indian Penal Code (IPC). The case was pending before the court of learned J.M. 1st, Mainpuri, and originated from Police Station Kotwali Dehat, District Mainpuri.

Arguments and Settlement

Counsel for the applicants, Fromam Argal, argued that the dispute between the applicants and the opposite party No. 2 had been amicably settled. He submitted that the opposite party No. 2 had also sworn an affidavit, dated July 19, 2023, explicitly stating her lack of desire to prosecute the case further and expressing no objection to the proceedings being quashed by the High Court. The affidavit was presented and placed on record before the court.

The Additional Government Advocate (AGA), representing the State, opposed the quashing of the proceedings. However, they could not dispute the fact of settlement between the involved parties.

Reliance on Supreme Court Precedent

The High Court, in its decision, referred to the landmark judgment of the Supreme Court in Gian Singh v. State of Punjab [(2012) 10 SCC 303]. The Supreme Court in Gian Singh had established that High Courts, in exercise of their inherent powers under Section 482 CrPC, can quash criminal proceedings even for non-compoundable offenses. This power is particularly relevant in cases stemming from matrimonial discord, family disputes, and other disputes of a private nature, especially where parties have genuinely resolved their issues.

> "The Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab (2012) 10 SCC 303 has held that in cases arising out of matrimonial discord, family disputes and other private nature of disputes where the parties have resolved their entire disputes, the High Court in exercise of its inherent powers under Section 482 Cr.P.C. can quash criminal proceedings even if the offences are non-compoundable."

Court's Decision and Implications

Considering the circumstances, the nature of the allegations, and importantly, the amicable settlement between the parties, the Allahabad High Court opined that continuing the proceedings would serve no useful purpose. Aligning with the precedent set by the Supreme Court in Gian Singh , the bench found merit in the application for quashing.

Consequently, the court allowed the application and ordered the quashing of the entire proceedings of Case Crime No. 123 of 2021, pending before the court of learned J.M. 1st, Mainpuri. This judgment underscores the High Court's willingness to facilitate settlements in private disputes and prevent unnecessary continuation of criminal proceedings when parties have resolved their differences, even when dealing with offenses that are technically non-compoundable.