Allahabad High Court
SHIVAM YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
A valid, court‑verified compromise between the parties justifies quashing the criminal proceedings under Section 528 CrPC, limited to the applicant.
Summary
The applicant filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the charge-sheet dated 14‑07‑2025, the cognizance order dated 17‑11‑2025, and the entire proceedings of Case No. 388 of 2025 (State vs. Subodh Kumar and Others) arising from Crime No. 146 of 2025. The applicant and the second opposite party had entered into a written compromise dated 05‑09‑2026, which was verified by the court on 17‑07‑2026. Both parties consented that the dispute was amicably settled and that quashing the proceedings would serve the interests of justice. The court examined the compromise, the verification order, and the fact that the compromise was accepted by both parties. It held that, in view of the valid compromise, the criminal proceedings could be quashed, but limited only to the applicant. Consequently, the application was allowed and the specified proceedings were quashed with respect to the applicant.
Issues considered
- Whether a compromise between the accused and the complainant can be a ground to quash a criminal charge‑sheet and proceedings under Section 528 CrPC.
- Whether the quash of proceedings can be limited to the applicant alone despite the case involving multiple accused.
- Whether the verification order dated 17‑07‑2026 suffices to justify the quash of the proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 118(1), 351(3), 352
Subjects
- criminal compromise
- quash of proceedings
- Section 528 CrPC
- charge‑sheet
- High Court of Allahabad
- application
- court‑verified settlement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 25414 of 2026
Shivam Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Lavkush Dixit
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up in the date fixed category.
2. Vakalatnama preferred at the behest of opposite party no.2 by Sri Pavnesh
Mishra, Advocate as well as supplementary affidavit preferred at the behest
of learned counsel for applicant in Court are taken on record.
3. Heard learned counsel for the parties and perused the record.
4. The present application has been filed to quash the charge-sheet dated
14.07.2025, cognizance/summoning order dated 17.11.2025 and the entire
proceedings of Case No.388 of 2025 (State vs. Subodh Kumar and Others)
arising out of Case Crime No.146 of 2025, under sections 115(2), 352,
351(3), 118(1) BNS, P.S. Bakewar, District- Etawah, pending before learned
court of Additional Chief Judicial Magistrate, Court No.4, Etawah.
5. From perusal of record appended along with instant application including
the supplementary affidavit, it is apparent that both the parties i.e. applicant
and opposite party no.2 have already been entered into a compromise in
respect of alleged offence, which has been reduced in writing on dated
05.09.2026 and the same has been accepted by learned counsel for both the
parties at the behest of their respective clients. Moreover, statement of same
effect which has been narrated in the compromise dated 05.09.2026 has
already been verified by learned court concerned vide order dated
17.07.2026, certified copy of which is appended as Annexure No.5 of the
instant application.
6. Learned counsel for applicant submits that the above compromise as well
NA528 No. 25414 of 2026
2
as the statement of opposite party no.2 sworn with an affidavit, has been
verified by learned court concerned only in respect of the applicant herein.
7. On the other hand, learned AGA and learned counsel for opposite party
no.2 states the parties have amicably settled their dispute and fact of
compromise has been confirmed and admitted by them and jointly submitted
that there would be no harm and error and would be in the interest of justice
that the proceedings may be quashed in light of above compromise as well
as the verification order dated 17.07.2026.
8. In view of above facts and circumstances of the case, the charge-sheet
dated 14.07.2025, cognizance/summoning order dated 17.11.2025 and the
entire proceedings of Case No.388 of 2025 (State vs. Subodh Kumar and
Others) arising out of Case Crime No.146 of 2025, under sections 115(2),
352, 351(3), 118(1) BNS, P.S. Bakewar, District- Etawah, pending before
learned court of Additional Chief Judicial Magistrate, Court No.4, Etawah,
are hereby quashed, only in respect of applicant herein.
9. Accordingly, the present application stands allowed.
September 21, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
Checking your session…