Allahabad High Court
MOHIT AND 2 OTHERSversusSTATE 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 under Section 528 of the B.N.S.S.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 37979 of 2025) arising from charges under sections 85, 115(2), 351(2), 352 of the B.N.S.S. and sections 3/4 of the D.P. Act. The applicants and the second opposite party had reached a compromise on 4 May 2026, which was verified by the trial court. The second opposite party consented to the quashing of the case. The High Court examined the settled law that criminal cases may be dismissed when the parties have settled their dispute, citing several Supreme Court decisions. Finding the compromise genuine and in accordance with precedent, the Court quashed the entire proceedings against the applicants and allowed the application.
Issues considered
- Whether criminal proceedings under Section 528 B.N.S.S. can be quashed on the basis of a compromise between the parties.
- Whether the compromise, once verified by the trial court, extinguishes the criminal liability of the accused.
Legislation cited
Subjects
- settlement
- compromise
- quash criminal proceedings
- Section 528
- B.N.S.S.
- criminal law
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 22779 of 2026
Mohit And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pawan Kumar Tiwari
Counsel for Opposite Party(s) : G.A., Pramod Shukla
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Pawan Kumar Tiwari, learned Counsel for the applicants,
Mr. Pramod Shukla, learned Counsel for opposite party no.2 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 quash the entire proceeding of Case No. 37979
of 2025 Computer Case No. 7266 of 2025 (State Vs Mohit and others)
impugned chargesheet dated 18.05.2025 as well as cognizance order
dated 02.06.2025 arising out of Case Crime No. 375 of 2025 under
section 85, 115(2), 351(2), 352 B.N.S.S. (Corresponding Sections 498A,
323, 504, 506 IPC) and 3/4 D. P. Act, Police Station Majhola, District
Moradabad, pending in the court of Additional Chief Judicial Magistrate
Court No- 4, Moradabad, on the basis of compromise dated 04.05.2026
reached between the parties in the matter, in the interest of justice so
justice may be done."
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 counsel for opposite party no.2 admitted the fact of
NA528 No. 22779 of 2026
2
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
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 3, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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