Allahabad High Court

RAJBABU ALIAS DEEPAK AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 23 April 2026
Bench: SANJIV KUMAR

Holding

The High Court quashed the criminal proceedings on the ground of a verified compromise between the parties.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Criminal Case No. 2009 of 2020) arising from offences under Sections 420, 406, 504 and 506 IPC. Both parties had entered into a voluntary compromise, which was verified by the Chief Judicial Magistrate, Rampur, and a verified compromise deed was filed. The court considered its inherent power to dispense with proceedings where a genuine settlement exists, citing Supreme Court precedents. It held that the dispute was private, had no broader social impact, and that continuing the trial would serve no useful purpose. Accordingly, the application was allowed and the entire criminal proceeding was quashed.

Issues considered

Whether criminal proceedings for offences under Sections 420, 406, 504 and 506 IPC can be quashed on the basis of a compromise under Section 528 of the BNSS.
Whether the High Court can exercise its inherent power to terminate a criminal case when the parties have settled the dispute.

Legislation cited

Bihar Negotiable Settlement Scheme — s. 528
Indian Penal Code — s. 406, 420, 504, 506

Subjects

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

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 22519 of 2025

Rajbabu Alias Deepak And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Abrar Ahmad Siddiqui, Manish Kumar
Counsel for Opposite Party(s) : Nandini Pandey, Satya Prakash,
Sharadey Mishra, G.A.

Court No. - 83
HON'BLE SANJIV KUMAR, J.

1. Heard Shri Manish Kumar, learned Counsel for the applicants, Shri Satya
Prakash, learned counsel for opposite party no. 2 and Shri Om Prakash
Mishra, learned A.G.A for the State and perused the record.

2. In compliance of order dated 27.06.2025 of this Court, compliance report
of Chief Judicial Magistrate, Rampur dated 16.04.2026 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. 2009 of 2020 (State Vs. Rajbabu
@ Deepak and Others) arising out of Case Crime No.72 of 2020, under
Sections- 420, 406, 504, 506 I.P.C., Police Station- Civil Lines, District-
Rampur, and charge-sheet dated 15.07.2020 as well as cognizance/
summoning order dated 07.08.2020, pending in the court of learned Chief
Judicial Magistrate, Rampur.

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 applicant as well as opposite party No.2 jointly
submitted that vide order dated 27.06.2025, 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
NA528 No. 22519 of 2025
2

of compromise.

6. Learned counsel for the applicant 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 16.04.2026.

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. 2009 of 2020 (State Vs.
Rajbabu @ Deepak and Others) arising out of Case Crime No.72 of 2020,
under Sections- 420, 406, 504, 506 I.P.C., Police Station- Civil Lines,
District- Rampur, and charge-sheet dated 15.07.2020 as well as cognizance/
summoning order dated 07.08.2020, are hereby quashed.

April 24, 2026
AdityaG
(Sanjiv Kumar,J.)

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

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