Allahabad High Court
SHAHID AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court quashed the criminal proceedings as the parties had amicably settled the dispute, even though the offences were non‑compoundable.
Summary
The applicants filed an application under Section 528 of the CrPC seeking to quash the chargesheet dated 12‑02‑2024 and the cognizance order dated 27‑02‑2024 in Criminal Case No.1122 of 2024, arising from offences under Sections 147, 452, 323, 504 and 506 IPC. The parties had already reached an amicable compromise, which was recorded by the civil court on 30‑03‑2026 and acknowledged by the learned AGA. Relying on Supreme Court precedents (Gian Singh v. State of Punjab and Madhavrao Scindia v. Angre) that allow quashing of non‑compoundable criminal proceedings where a genuine settlement exists, the High Court held that continuation of the case would be futile. Consequently, the court quashed the chargesheet and the entire criminal proceeding. The application was allowed, and the parties were advised that any aggrieved party could file a recall application.
Issues considered
- Whether criminal proceedings for non‑compoundable offences can be quashed on the basis of a compromise between the accused and the victim.
- Whether Section 528 of the CrPC permits the court to dismiss the case despite the nature of the offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- compromise
- quash of criminal proceedings
- non‑compoundable offences
- Section 528 CrPC
- settlement
- justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10180 of 2026
Shahid And 6 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Aamir
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA.
2. The present application has been filed to quash chargesheet dated
12.02.2024 and cognizance/summoning order dated 27.02.2024 along with
entire criminal proceedings of Case No.1122 of 2024 (State Vs. Shahid and
others), arising out of Case Crime No.492 of 2023, under Sections 147, 452,
323, 504, 506 IPC, P.S. Masuri, District Ghaziabad, pending in the court of
learned Civil Judge (Sr. Div.), Ghaziabad, on the basis of compromise.
3. At the very outset, learned counsel for applicants has submitted that
compromise has already been preferred and the same has also been verified
by learned court concerned on dated 30.03.2026 which has been appended
with this petition, this fact has also been ascertained and seconded by
learned AGA.
4. The parties have amicably settled their dispute and fact of compromise
has been confirmed and admitted by learned AGA and as such, there would
be no harm and error if the proceedings may be quashed in light of the
compromise.
5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of
Punjab & another, (2012) 10 SCC 303, has observed in para 54 of the said
judgment that where the High Court quashes a criminal proceeding having
regard to the fact that the dispute between the offender and the victim has
been settled although the offences are not compoundable, it does so as in its
opinion, continuation of criminal proceedings will be an exercise in futility
and justice in the case demands that the dispute between the parties is put to
an end and peace is restored; securing the ends of justice being the ultimate
NA528 No. 10180 of 2026
2
guiding factor.
6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao
Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has
also observed that where matters are also of civil nature i.e. matrimonial,
family disputes, etc. the Court may consider "special facts", "special feature"
and quash the criminal proceeding to encourage genuine settlement of
disputes between the parties.
7. Keeping in mind the position of law and facts, circumstances of the case,
chargesheet dated 12.02.2024 and cognizance/summoning order dated
27.02.2024 along with entire criminal proceedings of Case No.1122 of 2024
(State Vs. Shahid and others), arising out of Case Crime No.492 of 2023,
under Sections 147, 452, 323, 504, 506 IPC, P.S. Masuri, District
Ghaziabad, pending in the court of learned Civil Judge (Sr. Div.),
Ghaziabad, are hereby quashed.
8. Accordingly, the present application stands allowed.
9. If at all, opposite party nos. 2 to 4 feel that they have been duped or
betrayed, then in that event, they may seek recall of this order by way of
filing recall application explaining the reasons.
April 20, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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