Allahabad High Court

AFROZ AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 23 April 2026
Bench: SAURABH SRIVASTAVA

Holding

The High Court quashed the chargesheet, cognizance order and the entire criminal proceeding on the ground that the parties had reached a genuine compromise, making further prosecution futile.

Summary

The applicants filed an application under Section 528 of the CrPC seeking to quash the chargesheet dated 05.10.2025, the cognizance and summoning order dated 17.10.2025, and the entire criminal proceedings of Session Trial No.805 of 2025 relating to offences under Sections 115(2), 352, 351(3) and 74 BNS. The parties had amicably settled the dispute, and the compromise was verified by the Special/Additional Session Judge (POCSO) on 13.04.2026. Relying on Supreme Court precedents that allow quashing of non‑compoundable offences where continuation of prosecution would be futile and justice demands settlement, the High Court held that the proceedings should be set aside. Consequently, the chargesheet and all related orders were quashed and the application was allowed. The court warned that any aggrieved party may file a recall application.

Issues considered

Whether criminal proceedings for non‑compoundable offences can be quashed on the basis of a compromise between the parties.
Whether Section 528 of the Criminal Procedure Code empowers the court to set aside a chargesheet and cognizance order in such circumstances.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 115(2), 351(3), 352

Subjects

compromise
quash criminal proceedings
non‑compoundable offences
Section 528 CrPC
POCSO
settlement
justice
futility

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10718 of 2026

Afroz And 3 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Vibhor Arora, Zeeshan Mazhar
Counsel for Opposite Party(s) : G.A., Mohd. Nasim Ahmad

Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicants and learned counsel for opposite
party no.2 as well as learned AGA.

2. The present application has been filed to quash chargesheet dated
05.10.2025 and cognizance/summoning order dated 17.10.2025 along
with entire criminal proceedings of Session Trial No.805 of 2025, arising
out of Case Crime No.134 of 2025, under Sections 115(2), 352, 351(3),
74 BNS, P.S. Chauri, District Bhadohi Gyanpur, pending in the court of
learned Special/ Additional Session Judge (POCSO), Bhadohi Gyanpur,
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 13.04.2026 which has been
appended with this ordersheet, this fact has also been ascertained and
seconded by learned counsel for opposite party no.2.

4. The parties have amicably settled their dispute and fact of compromise
has been confirmed and admitted by learned counsel for opposite parties
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
NA528 No. 10718 of 2026
2

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 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 05.10.2025 and cognizance/summoning order
dated 17.10.2025 along with entire criminal proceedings of Session Trial
No.805 of 2025, arising out of Case Crime No.134 of 2025, under
Sections 115(2), 352, 351(3), 74 BNS, P.S. Chauri, District Bhadohi
Gyanpur, pending in the court of learned Special/ Additional Session
Judge (POCSO), Bhadohi Gyanpur, are hereby quashed.

8. Accordingly, the present application stands allowed.

9. This order is being passed by this Court after hearing the contesting
parties. If at all, opposite party no. 2 feels that he has been duped or
betrayed, then in that event, he may seek recall of this order by way of
filing recall application explaining the reasons.

April 24, 2026
Ashish/-

(Saurabh Srivastava,J.)

Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad

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