Full Judgment Text
2025 INSC 659
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@SPECIAL LEAVE PETITION (Crl.) NO. 12088 OF 2022)
NADEEM AHMAD ...APPELLANT(S)
VERSUS
THE STATE OF U.P. & ANR. ….RESPONDENT(S)
O R D E R
Leave granted.
2. Being aggrieved by the order dated 14.10.2022 passed by
the Allahabad High Court in Application under Section 482 No.
18087/2021, the appellant has preferred this appeal.
3. By the aforesaid order, the plea of the appellant herein
under Section 482 of the CrPC seeking quashing of the charge
sheet dated 15.01.2020 and Summoning Order dated 14.11.2020 in
Criminal Case No.237/9 of 2020 (State of4 U.P. vs. Nadeem)
arising out of Case Crime No.415/2019 registered under Sections
323, 504, 324, 427, 447 and 506 of the Indian Penal Code, 1860
(IPC), Police Station - Shahganj, District - Jaunpur pending
Signature Not Verified
before the Court of learned Judicial Magistrate, Ist Court
Digitally signed by
NEETU SACHDEVA
Date: 2025.05.09
16:51:48 IST
Reason:
No.17, Jaunpur, has been dismissed. Hence, this appeal.
1
4. We have heard learned counsel for the appellant, learned
standing counsel appearing for respondent no.1/State as well as
learned counsel for respondent no.2.
5. Learned counsel for the appellant submitted that during the
pendency of this matter before this Court, the parties, namely,
the appellant and respondent no.2 herein have arrived at a
settlement inasmuch as the parties do not wish to proceed
against each other in the cases that they have filed against
each other; that respondent no. 2 shall continue to remain as a
tenant of the appellant on payment of rents on a regular basis.
In the circumstances, the parties have decided to seek quashing
of Case Crime No.415/2019 filed by respondent no.2 against the
appellant herein. He submitted that in support of the said
application which has been filed by the respondent no.2 under
Article 142 of the Constitution of India, affidavit(s) of
respondent no.2 as well as of the appellant have been filed.
They have resolved to put an end to all litigation and disputes
between them so as to continue their relationship peacefully as
landlord and tenant. In the circumstances, appropriate orders
may be made on the said application and relief may be granted
to the appellant herein by setting aside the impugned order.
6. Learned counsel for respondent no.2 endorsed the submissions
made by learned counsel for the appellant and contended that
this Court may accept the prayers made by respondent no.2 by
treating the same as one being under Section 320 of the Code of
2
Criminal Procedure, 1973 (for short, “Crpc”) and consequently
grant the relief by exercising powers under Article 142 of the
Constitution of India.
7. Learned standing counsel for respondent no.1/State
submitted that having regard to the plea made by respondent
no.2/complainant and the submissions advanced at the Bar,
appropriate orders may be made.
8. We have perused the application filed under Article 142 of
the Constitution of India by respondent no.2 as well as the
affidavit(s) supporting the same. We have also perused the
affidavit(s) filed by the appellant herein and the list of
cases and counter-cases which have already been settled between
the parties. The application filed under Article 142 reads as
under:
“APPLICATION FOR DISPOSAL OF CASE UNDER ARTICLE 142,
CONSTITUTION OF INDIA
MOST RESPECTFULLY SHOWETH:
1. That the present case arises out of Case Crime
No. 415 of 2019 lodged Under Section 307, 323,
504, 324, 427, 447 & 506-IPC, PS- Shahganj,
Jaunpur pending before ACJM-I, Jaunpur, U.P.
2. That the petitioner and respondent No.2 family
members have amicably resolved all their
disputes and differences, and a settlement
agreement dated 03.02.2025 has been entered into
between the parties. True translated copy of
agreement dated 03.02.2025 is annexed herewith
as ANNEXURE A-1 [PAGE NO.6-11].
3. That it is respectfully submitted that one suit
of small causes Suit No. 04/2021 pertaining to
arrears of rent was pending before Civil Judge
Jaunpur in which settlement agreement is filed
3
with regard to creation of new tenancy. True
translated copy of the settlement agreement
dated 17.02.2024 filed before Civil Judge,
Senior Division, Jaunpur, U.P is filed herewith
as ANNEXURE A-2. [PAGE NO. 12-18].
4. That it is humbly submitted that the aforesaid
Suit No. 04/2021 is withdrawn before Lok Adalat
vide order dated 09.03.2024. True translated
copy of the order dated 09.03.2024 passed in
suit no. 04/2021 is annexed herewith as ANNEXURE
A-3 [PAGE NO. 19-23].
5. That it is humbly submitted that one suit of
cancellation of sale deed, Regular Suit No. 637
of 2018 titled as Sabir Ahmad v. Abdul Rahim and
ors. was also pending between the parties before
Civil Court, Jaunpur which have been withdrawn
on 09.03.2024. The order dated 09.03.2024 passed
by Civil judge, Jaunpur in Suit No. 637 of 2018
is annexed as herewith as ANNEXURE NO.A-4 [PAGE
NO. 24-27].
6. That it is humbly submitted that the petitioner
has lodged Case crime no. 416 of 2019, u/s 323,
504, 506 & 427-IPC against the Respondent No.2
in which petitioner has filed application u/s
320 for compounding of offenses on the basis of
settlement arrived between the parties wherein
the ACJM Court has compounded the criminal
proceedings vide order dated 20.08.2014. True
copy of order dated 20.08.2024 passed by ACJM-V,
Jaunpur acquitting the Respondent No.2 in case
crime no. 416 of 2019, u/s 323, 504, 506 & 427-
IPC is annexed herewith as ANNEXURE A-5. [PAGE
NO. 28-33]
7. That the respondent/complainant does not wish to
pursue the criminal proceedings any further and
has no objection if the FIR and all subsequent
proceedings arising therefrom are quashed.
8. That the parties have entered into the
settlement voluntarily, without any coercion or
undue influence, and in the interest of peace
and harmony.
9. That it is, therefore, in the interest of
justice that this Hon'ble Court may be pleased
to exercise its extraordinary jurisdiction under
Article 142 of the Constitution and quash the
criminal proceedings to secure complete justice
between the parties.
PRAYER
In view of the aforesaid facts and circumstances, it
is most respectfully prayed that this Hon'ble Court
4
may graciously be pleased to:
A) Quash Case Crime No. 415 of 2019 lodged Under
Section- 307, 323, 504, 324, 427, 447 & 506-IPC,
P.S- Shahganj, Jaunpur pending before ACJM-I,
Jaunpur, U.P the and all consequential
proceedings arising therefrom in the interest of
justice;
B) Pass such other or further orders as may be
deemed just and proper in the facts and
circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL,
AS IN DUTY BOUND, EVER PRAY.”
The said application is self-explanatory.
9. It is only one case, namely, Case Crime No.415/2019 which
is now pending before the concerned Sessions Court. We also
find that Sections 323, 504, 427, 447 and 506 of the IPC are
compoundable offences as per Section 320 of the CrPC. We find
that the chargesheet may have also been filed under Sections
307 and 324 of the IPC which are non-compoundable offences. But
having regard to the fact that these offences arise from the
same incident and certain of these offences are now being
compounded having regard to the prayers made by the respective
parties, we find that in exercise of our powers under Article
142 of the Constitution of India, the offences alleged against
the appellant herein under Sections 307 and 324 IPC shall also
be quashed as the other offences alleged against the appellant
herein are compoundable under Section 320 of the CrPC.
10. Consequently, we accept the prayers sought for by
5
respondent no.2 and allow the application filed under Article
142 of the Constitution of India. Consequently, the proceedings
in Case Crime No.415/2019 under Sections 307, 323, 504, 324,
427, 447 and 506 of the Indian Penal Code, 1860 (IPC), Police
Station - Shahganj, District - Jaunpur pending in the Court of
learned Judicial Magistrate, Ist Court No.17, Jaunpur stand
quashed. As a result, the impugned order is set aside.
11. The appeal is allowed and disposed of in the aforesaid
terms.
Pending application (s) shall stand disposed of.
………………………………………………………………J.
(B.V. NAGARATHNA)
………………………………………………………………J.
(SATISH CHANDRA SHARMA)
NEW DELHI;
MAY 07, 2025.
6
7
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@SPECIAL LEAVE PETITION (Crl.) NO. 12088 OF 2022)
NADEEM AHMAD ...APPELLANT(S)
VERSUS
THE STATE OF U.P. & ANR. ….RESPONDENT(S)
O R D E R
Leave granted.
2. Being aggrieved by the order dated 14.10.2022 passed by
the Allahabad High Court in Application under Section 482 No.
18087/2021, the appellant has preferred this appeal.
3. By the aforesaid order, the plea of the appellant herein
under Section 482 of the CrPC seeking quashing of the charge
sheet dated 15.01.2020 and Summoning Order dated 14.11.2020 in
Criminal Case No.237/9 of 2020 (State of4 U.P. vs. Nadeem)
arising out of Case Crime No.415/2019 registered under Sections
323, 504, 324, 427, 447 and 506 of the Indian Penal Code, 1860
(IPC), Police Station - Shahganj, District - Jaunpur pending
Signature Not Verified
before the Court of learned Judicial Magistrate, Ist Court
Digitally signed by
NEETU SACHDEVA
Date: 2025.05.09
16:51:48 IST
Reason:
No.17, Jaunpur, has been dismissed. Hence, this appeal.
1
4. We have heard learned counsel for the appellant, learned
standing counsel appearing for respondent no.1/State as well as
learned counsel for respondent no.2.
5. Learned counsel for the appellant submitted that during the
pendency of this matter before this Court, the parties, namely,
the appellant and respondent no.2 herein have arrived at a
settlement inasmuch as the parties do not wish to proceed
against each other in the cases that they have filed against
each other; that respondent no. 2 shall continue to remain as a
tenant of the appellant on payment of rents on a regular basis.
In the circumstances, the parties have decided to seek quashing
of Case Crime No.415/2019 filed by respondent no.2 against the
appellant herein. He submitted that in support of the said
application which has been filed by the respondent no.2 under
Article 142 of the Constitution of India, affidavit(s) of
respondent no.2 as well as of the appellant have been filed.
They have resolved to put an end to all litigation and disputes
between them so as to continue their relationship peacefully as
landlord and tenant. In the circumstances, appropriate orders
may be made on the said application and relief may be granted
to the appellant herein by setting aside the impugned order.
6. Learned counsel for respondent no.2 endorsed the submissions
made by learned counsel for the appellant and contended that
this Court may accept the prayers made by respondent no.2 by
treating the same as one being under Section 320 of the Code of
2
Criminal Procedure, 1973 (for short, “Crpc”) and consequently
grant the relief by exercising powers under Article 142 of the
Constitution of India.
7. Learned standing counsel for respondent no.1/State
submitted that having regard to the plea made by respondent
no.2/complainant and the submissions advanced at the Bar,
appropriate orders may be made.
8. We have perused the application filed under Article 142 of
the Constitution of India by respondent no.2 as well as the
affidavit(s) supporting the same. We have also perused the
affidavit(s) filed by the appellant herein and the list of
cases and counter-cases which have already been settled between
the parties. The application filed under Article 142 reads as
under:
“APPLICATION FOR DISPOSAL OF CASE UNDER ARTICLE 142,
CONSTITUTION OF INDIA
MOST RESPECTFULLY SHOWETH:
1. That the present case arises out of Case Crime
No. 415 of 2019 lodged Under Section 307, 323,
504, 324, 427, 447 & 506-IPC, PS- Shahganj,
Jaunpur pending before ACJM-I, Jaunpur, U.P.
2. That the petitioner and respondent No.2 family
members have amicably resolved all their
disputes and differences, and a settlement
agreement dated 03.02.2025 has been entered into
between the parties. True translated copy of
agreement dated 03.02.2025 is annexed herewith
as ANNEXURE A-1 [PAGE NO.6-11].
3. That it is respectfully submitted that one suit
of small causes Suit No. 04/2021 pertaining to
arrears of rent was pending before Civil Judge
Jaunpur in which settlement agreement is filed
3
with regard to creation of new tenancy. True
translated copy of the settlement agreement
dated 17.02.2024 filed before Civil Judge,
Senior Division, Jaunpur, U.P is filed herewith
as ANNEXURE A-2. [PAGE NO. 12-18].
4. That it is humbly submitted that the aforesaid
Suit No. 04/2021 is withdrawn before Lok Adalat
vide order dated 09.03.2024. True translated
copy of the order dated 09.03.2024 passed in
suit no. 04/2021 is annexed herewith as ANNEXURE
A-3 [PAGE NO. 19-23].
5. That it is humbly submitted that one suit of
cancellation of sale deed, Regular Suit No. 637
of 2018 titled as Sabir Ahmad v. Abdul Rahim and
ors. was also pending between the parties before
Civil Court, Jaunpur which have been withdrawn
on 09.03.2024. The order dated 09.03.2024 passed
by Civil judge, Jaunpur in Suit No. 637 of 2018
is annexed as herewith as ANNEXURE NO.A-4 [PAGE
NO. 24-27].
6. That it is humbly submitted that the petitioner
has lodged Case crime no. 416 of 2019, u/s 323,
504, 506 & 427-IPC against the Respondent No.2
in which petitioner has filed application u/s
320 for compounding of offenses on the basis of
settlement arrived between the parties wherein
the ACJM Court has compounded the criminal
proceedings vide order dated 20.08.2014. True
copy of order dated 20.08.2024 passed by ACJM-V,
Jaunpur acquitting the Respondent No.2 in case
crime no. 416 of 2019, u/s 323, 504, 506 & 427-
IPC is annexed herewith as ANNEXURE A-5. [PAGE
NO. 28-33]
7. That the respondent/complainant does not wish to
pursue the criminal proceedings any further and
has no objection if the FIR and all subsequent
proceedings arising therefrom are quashed.
8. That the parties have entered into the
settlement voluntarily, without any coercion or
undue influence, and in the interest of peace
and harmony.
9. That it is, therefore, in the interest of
justice that this Hon'ble Court may be pleased
to exercise its extraordinary jurisdiction under
Article 142 of the Constitution and quash the
criminal proceedings to secure complete justice
between the parties.
PRAYER
In view of the aforesaid facts and circumstances, it
is most respectfully prayed that this Hon'ble Court
4
may graciously be pleased to:
A) Quash Case Crime No. 415 of 2019 lodged Under
Section- 307, 323, 504, 324, 427, 447 & 506-IPC,
P.S- Shahganj, Jaunpur pending before ACJM-I,
Jaunpur, U.P the and all consequential
proceedings arising therefrom in the interest of
justice;
B) Pass such other or further orders as may be
deemed just and proper in the facts and
circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL,
AS IN DUTY BOUND, EVER PRAY.”
The said application is self-explanatory.
9. It is only one case, namely, Case Crime No.415/2019 which
is now pending before the concerned Sessions Court. We also
find that Sections 323, 504, 427, 447 and 506 of the IPC are
compoundable offences as per Section 320 of the CrPC. We find
that the chargesheet may have also been filed under Sections
307 and 324 of the IPC which are non-compoundable offences. But
having regard to the fact that these offences arise from the
same incident and certain of these offences are now being
compounded having regard to the prayers made by the respective
parties, we find that in exercise of our powers under Article
142 of the Constitution of India, the offences alleged against
the appellant herein under Sections 307 and 324 IPC shall also
be quashed as the other offences alleged against the appellant
herein are compoundable under Section 320 of the CrPC.
10. Consequently, we accept the prayers sought for by
5
respondent no.2 and allow the application filed under Article
142 of the Constitution of India. Consequently, the proceedings
in Case Crime No.415/2019 under Sections 307, 323, 504, 324,
427, 447 and 506 of the Indian Penal Code, 1860 (IPC), Police
Station - Shahganj, District - Jaunpur pending in the Court of
learned Judicial Magistrate, Ist Court No.17, Jaunpur stand
quashed. As a result, the impugned order is set aside.
11. The appeal is allowed and disposed of in the aforesaid
terms.
Pending application (s) shall stand disposed of.
………………………………………………………………J.
(B.V. NAGARATHNA)
………………………………………………………………J.
(SATISH CHANDRA SHARMA)
NEW DELHI;
MAY 07, 2025.
6
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