Allahabad High Court
MAHARAM AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
A verified compromise between the parties permits the High Court, under its inherent powers and Section 528 of the BNSS, to quash the criminal charge‑sheet and terminate the proceedings.
Summary
The applicants Maharam and two others filed an application under Section 528 of the BNSS seeking to quash a charge‑sheet dated 09‑12‑2017 and the related criminal proceedings (Case No. 1919 of 2018) arising from offences under Sections 323, 325 and 504 IPC. The parties had entered into a compromise, which was verified by the Additional Chief Judicial Magistrate of Jhansi on 03‑12‑2025 and reported on 12‑12‑2025. Both counsel conceded that the compromise was genuine and that the dispute was of a private nature with no broader social impact. The court examined precedents that the inherent power of the court may be exercised to achieve real and substantial justice, particularly where a settlement has been effected. Relying on those decisions, the court held that the verified compromise justified the exercise of its inherent power to terminate the criminal proceedings. Consequently, the application was allowed and the charge‑sheet and all proceedings were quashed.
Issues considered
- Whether a criminal proceeding under Sections 323, 325 and 504 IPC can be quashed on the basis of a verified compromise between the parties under Section 528 of the BNSS.
- Whether the High Court can exercise its inherent powers to terminate a criminal case when the dispute is settled privately.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 323, 325, 504
Subjects
- compromise
- criminal procedure
- inherent powers
- quash
- Section 528
- private dispute
- IPC offences
- settlement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 26141 of 2025
Maharam And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ganga Bhushan Mishra
Counsel for Opposite Party(s) : Ankit Sharma, G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Mr. Ganga Bhushan Mishra, learned counsel for the applicants,
learned A.G.A. for the State of U.P., Mr. Ankit Sharma, learned counsel
for opposite party no.2 and perused the record.
2. This application under Section 528 of BNSS has been filed for
quashing the impugned charge-sheet dated 09.12.2017 as well as entire
proceedings of Case No. 1919 of 2018 (State of U.P. Vs. Maharam and
others), arising out of Case Crime No. 166 of 2017, under Sections 323,
325, 504 IPC, Police Station Barua Sagar, District Jhansi.
3. Learned counsel for the applicants and learned counsel for opposite
party no.2 jointly submitted that vide order dated 07.11.2025, a direction
was given to the court concerned to verify the factum of compromise
executed by the parties. In pursuance of the aforesaid order, the court
concerned had verified the contents of compromise.
4. Learned counsel for the applicants further submitted that the parties
have entered into compromise, which has duly been verified by the court
concerned vide order dated 03.12.2025.
5. In this regard, the court concerned i.e. learned Additional Chief
Judicial Magistrate, Court No.1, Jhansi, has sent report dated 12.12.2025,
along with verification order and verified compromise, which shows that
both the parties appeared before the Court and verified the compromise.
NA528 No. 26141 of 2025
2
6. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the court
below.
7. 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.
8. 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.
9. For the discussions made above, the present application is allowed and
impugned charge-sheet dated 09.12.2017 as well as entire proceedings of
Case No. 1919 of 2018 (State of U.P. Vs. Maharam and others), arising
out of Case Crime No. 166 of 2017, under Sections 323, 325, 504 IPC,
Police Station Barua Sagar, District Jhansi, are hereby quashed.
(Sanjiv Kumar,J.)
April 23, 2026
Subham
Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad
Checking your session…