Allahabad High Court
ASHU SINGHALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court quashed the criminal proceedings as the parties had settled the dispute, in accordance with Section 528 CrPC.
Summary
The applicant, Ashu Singlar, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 5278/9 of 2016) arising from offences under Sections 498A, 323, 504, 506, 316, 377 IPC and Sections 3/4 of the Dowry Prohibition Act. The applicant and the second opposite party admitted that they had reached a compromise, which was verified by the trial court. The respondent’s counsel raised no objection to the quashing of the case. The High Court, relying on precedent that settled disputes may lead to dismissal of criminal proceedings, held that the case could be quashed. Consequently, the court ordered the entire proceedings against the applicant to be quashed and allowed the application.
Issues considered
- Whether criminal proceedings can be quashed on the basis of a compromise between the parties under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 316, 323, 377, 498A, 504, 506
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528 CrPC
- High Court
- IPC offences
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 257 of 2026
Ashu Singhal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Avinash Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Avinash Pandey, learned Counsel for the applicants and
learned AGA for the State and perused the records. The supplementary
affidavit filed today is taken on record.
2. The present application under Section 528 BNSS has been filed by the
applicant with the following prayer:
"It, is therefore most respectfully prayed that this Hon'ble Court may
graciously be pleased to allow this application and to quash the entire
proceedings of Case No. 5278/9 of 2016 (State vs. Ashu Singhal) arising
out of Case Crime no.656 of 2015, Under Section-498A, 323, 504, 506,
316, 377 IPC & 3/4 D.P. Act, Police Station-Kairana, District-Shamli,
Pending in the Court of Chief Judicial Magistrate, Shamli on the basis of
compromise, in the interest of justice."
3. Learned Counsel for the applicant has submitted that the applicant 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
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.
NA528 No. 257 of 2026
2
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
applicant.
8. The entire proceedings of the aforesaid case with regard to the present
applicant 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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