Allahabad High Court
ARASAD @ RAJA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that where the parties have settled their dispute, the criminal proceedings may be quashed.
Summary
The applicants, Arasad @ Raja and another, filed an application under Section 528 of the BNSS seeking quash of a charge sheet dated 29‑07‑2001 and the related criminal proceedings (Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act) on the ground that they had reached a compromise with the State, which was verified by the trial court. The State’s Additional Government Advocate admitted the compromise and raised no objection to quashing. The High Court, relying on a line of Supreme Court decisions that allow dismissal of criminal cases where the parties have settled their dispute, held that the present matter was suitable for exercise of its quashal powers. Consequently, the entire proceedings against the applicants were quashed and the application was allowed.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise/settlement between the parties under Section 528 BNSS.
- Whether the compromise, once verified by the trial court, bars further prosecution under the IPC and Dowry Prohibition Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498, 504, 506
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528
- Criminal Procedure
- IPC
- Dowry Prohibition Act
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20459 of 2026
Arasad @ Raja And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Ashok Kumar Gupta, learned Counsel for the applicants and
learned AGA for the State and perused the records.
2. The present application under Section 528 BNSS has been filed by the
applicants with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to quashed the impugned Charge sheet dated
29.07.2001 as well as its cognizance order dated 25.08.2001 passed by
the Additional Chief Judicial Magistrate, Hapur and entire proceeding of
the case No. 4644 of 2003 (State Vs. Arasad & Another) arising out of
case Crime No. 199 of 2001, Under Section 498A, 323, 504, 506 I.P.C. &
3/4 D.P. Act, Police Station- Hapur Nagar, District-Hapur, Pending
before Chief Judicial Magistrate, Hapur."
3. Learned Counsel for the applicants has submitted that the applicants
and opposite party no.2 have compromised the dispute. It is further
argued that the said compromise has also been verified by the concerned
Trial Court, as such the proceedings against the applicants may be
quashed.
4. Learned A.G.A. admitted the fact of compromise and stated that he has
no objection if the proceeding of the aforesaid case is quashed against the
applicants.
5. From the perusal of the record it is apparent that parties have entered
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2
into compromise and have settled their dispute amicably.
6. 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.
7. 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.
8. The entire proceedings of the aforesaid case with regard to the present
applicants are hereby quashed.
9. 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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