Allahabad High Court

GUDDU AND ANOTHERversusState of U.P.

Decided: 5 May 2026
Bench: SANJIV KUMAR

Holding

The court held that, given the verified compromise and the private nature of the dispute, it may exercise its inherent powers to quash the criminal proceeding.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash Criminal Case No. 4011 of 2018, which stemmed from a 1995 FIR alleging kidnapping under Sections 363 and 366 of the IPC. The dispute was settled amicably: the victim had married applicant No.1, lived together for 28 years with seven children, and the victim’s brother who lodged the FIR had died. The trial court verified a written compromise between the parties, and the State conceded that the compromise was effected. Relying on the Supreme Court’s decisions that allow the exercise of inherent powers to achieve substantial justice, the High Court held that the matter was essentially private and there was no public interest in continuing the prosecution. Consequently, the application was allowed and the criminal proceedings were quashed.

Issues considered

Whether a criminal proceeding for offences under Sections 363 and 366 IPC can be quashed on the basis of a verified compromise between the parties.
Whether the High Court can exercise its inherent powers to dismiss a criminal case where the dispute is of a private nature.
Whether Section 528 of the BNSS (or analogous provision) permits the court to quash the proceeding.

Legislation cited

BNSS — s. 528
Code of Criminal Procedure — s. 482
Indian Penal Code — s. 363, 366

Subjects

criminal procedure
quash
compromise
inherent powers
kidnapping
IPC
Section 363
Section 366
settlement
private dispute

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 19808 of 2024

Guddu And Another
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Mohammad Abid Ali
Counsel for Opposite Party(s) : G.A.

Court No. - 83
HON'BLE SANJIV KUMAR, J.

1. Heard Shri Mohd. Abid Ali, learned counsel for the applicants, Shri
Akhilesh Kr. Mishra, learned A.G.A. for the State, and perused the
record.

2. This application under Section 528 of BNSS has been filed for
quashing the entire proceeding of Criminal Case No. 4011 of 2018,
arising out of case crime No. 637 of 1995, under Sections 363, 366 IPC,
P.S. Baradari, District Bareilly.

3. It is submitted by learned counsel for the applicants that the dispute has
been settled between the parties and the victim has solemnized marriage
with applicant No.1 and they have been living as husband and wife for
last 28 years along with seven children. Applicant No.2 is the mother of
applicant No.1. It is further submitted that the F.I.R. was lodged by the
brother of the victim Smt. Jarina @ Jaiya, who has died in the year 2021.
It is further submitted that the victim does not want to proceed any
further.

4. Learned counsel for the applicant further submitted that vide order
dated 14.6.2024, a direction was given to the learned Trial Court to verify
the factum of compromise executed by the parties. In pursuance of the
aforesaid order, learned Trial Court has verified the contents of
compromise vide order dated 24.6.2024.

5. Learned A.G.A. has fairly conceded that compromise has been effected
A482 No. 19808 of 2024
2

between the parties and the same has duly been verified by the court
below.

6. In pursuance of the order dated 14.6.2024 of this Court, A.C.J.M.,
Bareilly has submitted a report dated 24.6.2024, which shows that the
compromise entered between the parties has been verified. A copy of the
verified compromise has been annexed with the report.

7. This is a unique case where charge sheet has been filed under Sections
363, 366 IPC against the applicants for abducting the victim Smt. Jarina
@ Jaiya from the lawful guardianship of the first informant and her
family. As the victim and applicant No.1 have solemnized marriage about
28 years ago and are living happily as husband and wife, having seven
children. Therefore, there are weak chances of conviction in this.

8. Hon'ble Apex Court in catena of decisions has held that inherent power
can be used to do real and substantial justice as has been held in Gian
Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others
Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of
Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to
speed up the process of ending the criminal proceedings where the
settlement is arrived at between the parties.

9. In view of the aforesaid facts and considering that the parties do not
wish to pursue the case any further, the dispute is essentially of a private
nature and has no wider social impact. Since it has been mutually settled
between the parties by way of a compromise, no useful purpose would be
served by proceeding with the matter further.

10. For the discussions made above, the present application is allowed
and entire proceeding of Criminal Case No. 4011 of 2018, arising out of
case crime No. 637 of 1995, under Sections 363, 366 IPC, P.S. Baradari,
District Bareilly, is hereby quashed.

(Sanjiv Kumar,J.)
May 6, 2026
Vandana

Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad

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