Allahabad High Court
Malkhan Singh And 3 Others vs The State Of U.P. And S.S.P. And Another on 15 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:184495
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 13939 of 2016
Malkhan Singh And 3 Others
.....Applicant(s)
Versus
The State Of U.P. through S.S.P. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Vijay Praksah
Counsel for Opposite Party(s)
:
G.A., Mayank Yadav, Vivek Kumar Singh
Court No. - 83
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. On 28.05.2025, this Court passed the following order:
"1. Heard Shri Vijay Prakash, learned counsel for the applicants, Shri Shashidhar Pandey, learned AGA for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding of Criminal Case No. 1855 of 2016, arising out of Case Crime No. 14 of 2016, under section 420, 467, 468, 471 I.P.C., Police Station Khekara, District Baghpat, on the basis of compromise arrived at between the parties on 06.04.2017.
3. It is submitted by learned counsel for the applicant that the parties have amicably settled their disputes outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place on 06.04.2017 and the compromise-deed has been annexed as Annexure-2 to the rejoinder affidavit filed in support of the application.
4. Learned counsel appearing for the opposite party no.2 does not dispute the aforesaid facts.
5. In view of above facts, the parties shall file an application along with the compromise-deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the first week of July, 2025. On receiving the said application the Court below shall take steps for verification of the compromise and prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file.
6. List on 13.08.2025 along with report of verification of compromise.
7. Until further orders, criminal proceedings initiated against the applicants in the aforementioned case is kept in abeyance."
2. Pursuant to the aforesaid order dated 28.05.2025, a report of Chief Judicial Magistrate, Baghpat dated 02.08.2025 is available on record, which indicates that compromise between the parties has been duly verified.
3. Sri Vijay Prakash, learned counsel for the applicants submits that the parties are closely related. Applicant No.1 is the father-in-law of opposite party No.2. There was a dispute with respect to a Will and share in property. The dispute has been amicably resolved. There was no criminal offence and a mere a civil dispute was converted into a criminal case. He, however, without going into the merits of the case, reiterates that a compromise would lead to harmony between the parties, who are closely related and continuation of the proceedings would amount to an abuse of process of law.
4. Sri Mayank Yadav, learned counsel appearing for opposite party No.2 does not dispute this fact, and, supports the compromise, so executed between the parties, and requests the Court to quash the proceedings to resolve the dispute amicably.
5. This Court is not unmindful of the judgement of the Hon'ble Supreme Court passed in the case of Narinder Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble Supreme Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Supreme Court, in the aforesaid cases, has been explained in detail.
6. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties and seeing that the compromise has been effected, the matter in question is essentially a civil dispute, which has been amicably resolved, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of this case.
7. Accordingly, the entire proceedings of Criminal Case No.1855 of 2016 (State of U.P. vs. Malkhan Singh & Ors.) arising out of Case Crime No.14 of 2016 under Sections 420, 467, 468, 471 IPC, Police Station Khekara, District Baghpat, Charge sheet No.A-59/16 dated 11.03.2016 and order dated 01.04.2016 passed by Chief Judicial Magistrate, Baghpat taking cognizance of offence under Sections 420, 467, 468, 471 IPC against the applicants are hereby quashed.
8. The instant application stands allowed.
(Rajiv Lochan Shukla,J.) October 15, 2025 Kushal