Allahabad High Court

DIWARI LAL AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: SANJIV KUMAR

Holding

The High Court held that the verified compromise under Section 528 of the BNSS justified quashing the criminal proceedings, exercising its inherent jurisdiction to do so.

Summary

The applicants Diwari Lal and nine others filed an application under Section 528 of the BNSS seeking to quash Criminal Case No. 3928 of 2021, which stemmed from offences under Sections 147, 148, 323, 504 and 506 IPC. Both parties had entered into a verified compromise deed, which was examined and confirmed by the trial court on 6 March 2025. The court noted that the compromise was made voluntarily, without pressure, and that the dispute was of a private nature with no broader social impact. Citing the Supreme Court’s authority to use inherent powers to achieve substantial justice, the court held that the settlement justified termination of the criminal proceedings. Consequently, the application was allowed and the entire criminal proceeding was quashed.

Issues considered

Whether a compromise under Section 528 of the BNSS can be used to quash pending criminal proceedings under Sections 147, 148, 323, 504 and 506 IPC.
Whether the High Court may exercise its inherent powers to terminate the prosecution in view of a verified settlement between the parties.

Legislation cited

Bihar Negotiable Settlement Scheme (BNSS) — s. 528
Indian Penal Code — s. 147, 148, 323, 504, 506

Subjects

compromise
settlement
Section 528 BNSS
inherent jurisdiction
quash of criminal proceedings
private dispute
IPC offences

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 14106 of 2026

Diwari Lal And 9 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Anita Singh, Kumari Poonam Rajpoot,
Nirmla Kumari, Prem Babu Verma
Counsel for Opposite Party(s) : G.A.

Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Ms. Anita Singh, learned Counsel for the applicants and Shri
Umesh Kumar, learned State Law officer for the State and perused the
record.

2. In compliance of order dated 13.02.2025 by a co-ordinate bench of this
Court in Application U/S 528 BNSS No.4245 of 2025, compliance report of
II-Additional Civil Judge (Junior Division) Judicial Magistrate, Shikohabad,
Firozabad dated 06.03.2025 has been received. The above report shows that
both the parties had appeared before the learned trial court and had verified
the compromise. The verified compromise deed and verification report is
also annexed with the report.

3. This application under Section 528 of BNSS has been filed for quashing
the entire proceeding of Criminal Case No. 3928 of 2021 (State Vs. Diwaari
Lal and Others) arising out of Case Crime No.25 of 2019, under Sections-
147, 148, 323, 504 and 506 I.P.C., Police Station- Eka, District- Firozabad,
and cognizance and summoning order dated 17.03.2021, pending in the
court of learned A.C.J. (J.D.)/ J.M. Shikohabad, Firozabad.

4. It is submitted on behalf of learned counsel for the parties that both the
parties had re-conciled their differences on their own freewill and wish
without any pressure and now living peacefully. The verified compromise
deed and verification report of the learned trial court is being filed alongwith
the verification report.

5. Learned counsel for the applicants as well as opposite party No.2 jointly
NA528 No. 14106 of 2026
2

submitted that vide order dated 13.02.2025 by a co-ordinate bench of this
Court in Application U/S 528 BNSS No.4245 of 2025, a direction was given
to the trial court to verify the factum of compromise executed by the parties.
In pursuance of the aforesaid order, learned trial court had verified the
contents of compromise.

6. Learned counsel for the applicants and learned counsel for opposite party
no. 2 jointly submitted that the parties have entered into compromise, which
has been duly verified by the parties before the concerned trial court court
vide verification report dated 06.03.2025.

7. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the trial court.

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 the entire proceeding of Criminal Case No. 3928 of 2021 (State Vs.
Diwaari Lal and Others) arising out of Case Crime No.25 of 2019, under
Sections- 147, 148, 323, 504 and 506 I.P.C., Police Station- Eka, District-
Firozabad, and cognizance and summoning order dated 17.03.2021, are
hereby quashed.

May 7, 2026
AdityaG
(Sanjiv Kumar,J.)

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

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