Allahabad High Court
VIJAY KUSHWAHA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The High Court held that, under Section 528 of the BNSS and its inherent powers, a verified compromise between parties warrants quashing of the charge‑sheet and the entire criminal proceedings.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet dated 19‑07‑2021 and the entire proceedings of Sessions Case No.1944 of 2021, which involved offences under Sections 147, 308, 323, 504 and 506 IPC. Both parties jointly submitted that a compromise had been reached and was verified by the Additional Sessions Judge on 18‑08‑2025. The State’s counsel conceded the existence of the verified compromise. Relying on the Supreme Court’s decisions in Gian Singh v. State of Punjab, B.S. Joshi v. State of Haryana and Narinder Singh v. State of Punjab, the High Court exercised its inherent power to ensure real and substantial justice. It held that where the dispute is private, settled by a verified compromise, and there is no wider social impact, continuing criminal proceedings serves no useful purpose. Consequently, the application was allowed and the charge‑sheet and all related proceedings were quashed.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 of the BNSS when the parties have entered into a verified compromise.
- Whether the High Court can exercise its inherent jurisdiction to terminate proceedings in a private dispute despite pending IPC charges.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 147, 308, 323, 504, 506
Subjects
- compromise
- quash criminal proceedings
- inherent jurisdiction
- Section 528 BNSS
- private dispute
- IPC offences
- settlement of criminal case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17977 of 2025
Vijay Kushwaha And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Hare Ram Pandey
Counsel for Opposite Party(s) : G.A., Varun Shankar Dwivedi
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Mr. Hare Ram Pandey, learned counsel for the applicants,
learned A.G.A. for the State of U.P., Mr. Varun Shankar Dwivedi, learned
counsel for the opposite party no. 2 and perused the record.
2. This application under Section 528 of BNSS has been filed for
quashing the charge-sheet dated 19.07.2021, along with entire
proceedings of Sessions Case No.1944 of 2021 ( State Vs. Vijay
Kushwaha and others), arising out of Case Crime No. 48 of 2021, under
Sections 147, 308, 323, 504, 506 IPC., Police Station Tiwaripur, District
Gorakhpur, pending in the Court of learned Additional Sessions Judge
Court No.6, Gorakhpur.
3. Learned counsel for the applicants as well as opposite party No.2
jointly submitted that vide order dated 12.08.2025, a direction was given
to the court concerned to verify the factum of compromise executed by
the parties. In pursuance of the aforesaid order, the court concerned had
verified the contents of compromise.
4. Learned counsel for the applicants and learned counsel for opposite
party no. 2 jointly submitted that the parties have entered into
compromise, which has duly been verified by the court concerned vide
order dated 18.08.2025, a copy of which has been annexed as Annexure
No.SA-2 to the supplementary affidavit.
5. Learned A.G.A. has fairly conceded that compromise has been effected
NA528 No. 17977 of 2025
2
between the parties and the same has duly been verified by the court
below.
6. 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.
7. 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.
8. For the discussions made above, the present application is allowed and
charge-sheet dated 19.07.2021, along with entire proceedings of Sessions
Case No.1944 of 2021 ( State Vs. Vijay Kushwaha and others), arising
out of Case Crime No. 48 of 2021, under Sections 147, 308, 323, 504, 506
IPC., Police Station Tiwaripur, District Gorakhpur, pending in the Court
of learned Additional Sessions Judge Court No.6, Gorakhpur, are hereby
quashed.
(Sanjiv Kumar,J.)
April 20, 2026
SFH
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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