Allahabad High Court
NEELAM GIRI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that, in view of the parties' settlement, the criminal proceedings must be quashed.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and criminal proceedings arising from a case under Section 115(2) of the B.N.S and Sections 3 and 4 of the D.P. Act. The matter was referred to the Mediation and Conciliation Centre, where the parties entered into a compromise, as confirmed by the centre’s report. The opposite party expressed no objection to the quashing of the proceedings. The Court relied on a line of Supreme Court precedents that allow criminal cases to be dismissed when the parties have settled their disputes. Accordingly, the High Court quashed the entire criminal proceeding against the applicants and allowed the application.
Issues considered
- Whether criminal proceedings under Section 528 of the BNSS can be quashed on the basis of a settlement/compromise between the parties
Legislation cited
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528
- mediation
- high court
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18206 of 2026
Neelam Giri And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Renu Shahi, Shweta Nishad
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Ms. Shweta Nishad, learned Counsel for the applicants
and learned A.G.A. for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with
the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to allow this application under section 528 of BNSS
and quash the Charge sheet dated 01.07.2025 and cognizance/summoning
order dated 17.11.2025 as well as entire criminal proceeding of Session
Case No. 18713/2025 (State Versus Neelam Giri and Others), arising out
of Case Crime no.127/2025 Under Section 115 (2) of B.N.S and 3/4 of
D.P Act, Police Station Mahuadia, District Deoria pending before the
Civil Judge (J.D)/ F.T.C. II District Deoria."
3. This Court, vide order dated 04.05.2026, referred the matter before the
Mediation and Conciliation Centre, High Court, Allahabad with the
direction that the applicants shall deposit a sum of Rs. 25,000/- at the
Mediation Centre.
4. Learned Counsel for the applicants submits that the mediation
succeeded. The parties before this Court had made a request that they
have entered into a compromise in this matter and have settled all the
disputes between them and now they do not want to proceed with this
matter.
5. As per report dated 15.09.2026 of Mediation Centre, parties have
NA528 No. 18206 of 2026
2
entered into compromise.
6. Learned Counsel for the opposite party no.2 submits that he has no
objection if the impugned proceedings pending against the applicants is
quashed.
7. The law with regards to quashing of a case on the basis of settlement
arrived between the parties, is well settled. The Apex Court in the cases of
(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
(2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC
278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur
and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has
held that the cases in which the parties have settled their grievances can
be quashed.
8. From perusal of the records and the law laid down by the Apex Court
on the subject matter, the present case is a good case for exercising
powers by this Court to quash the proceedings as prayed for by the
applicants.
9. The entire proceedings of the aforesaid case with regard to the present
applicants are hereby quashed.
10. The present application is allowed.
(Chawan Prakash,J.)
September 23, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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