Allahabad High Court
MOHIT ARORA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that where the dispute is fully settled and the victim does not wish to pursue the case, the criminal proceedings may be quashed under Section 528 of the Criminal Procedure Code.
Summary
The applicants, Mohit Arora and two others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 06‑07‑2025 and the related criminal proceedings (Case No. 10188 of 2026) arising from alleged offences under Sections 406 and 506 IPC. The parties had previously reached a settlement, with the applicants having paid a part of the agreed amount and a demand draft of Rs.5,00,000 being handed over to the victim’s counsel. The victim (opposite party no.2) expressed that, following the settlement, they no longer wished to pursue the criminal case. The High Court, noting that no dispute remained between the parties, ordered the quashment of the chargesheet, summoning order, and the entire criminal proceedings. Consequently, the application was allowed, effectively terminating the case.
Issues considered
- Can criminal proceedings be quashed under Section 528 CrPC when the parties have reached a settlement and the victim consents to withdraw?
- Does a civil settlement bar the continuation of criminal prosecution for offences under Sections 406 and 506 IPC?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406, 506
Subjects
- Section 528 CrPC
- settlement
- quash of criminal proceedings
- IPC 406
- IPC 506
- civil settlement in criminal case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 26545 of 2026
Mohit Arora And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Umar Farooq
Counsel for Opposite Party(s) : G.A., Manvendra Nath Singh, Virendra
Kumar
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and Sri Virendra Kumar, learned
counsel for opposite party no.2 as well as learned AGA.
2. The present application has been filed to quash chargesheet dated
06.07.2025 along with summoning order dated 24.02.2026 as well as entire
proceedings of Criminal Case No.10188 of 2026 (State Vs. Mohit Arora and
others), arising out of Case Crime No.82 of 2025, under Section 406, 506
IPC, P.S. Kotwali, District Kanpur Nagar, pending in the court of learned
Chief Judicial Magistrate, Kanpur Nagar.
3. On the previous occasion, learned counsel for applicants informed the
Court that the parties had already entered into a settlement and in pursuance
of the same, applicants had already made part payment and only an amount
of Rs.5,00,000/- remained to be paid to opposite party no.2. Considering the
said submission, notice was issued to opposite party no.2 for verification of
the settlement.
4. Today, when the matter was taken up, learned counsel for applicants
produced a demand draft of the remaining amount of Rs.5,00,000/- in favour
of opposite party no.2 and handed over the same to Sri Virendra Kumar,
learned counsel for opposite party no.2. After receiving the demand draft,
learned counsel for opposite party no.2 submitted that since the entire
dispute has now been settled, opposite party no.2 does not wish to pursue the
present criminal proceedings any further.
5. In view of the settlement arrived at between the parties and the payment
of entire settled amount, no dispute now survives between them, therefore,
chargesheet dated 06.07.2025 along with summoning order dated 24.02.2026
NA528 No. 26545 of 2026
2
as well as entire proceedings of Criminal Case No.10188 of 2026 (State Vs.
Mohit Arora and others), arising out of Case Crime No.82 of 2025, under
Section 406, 506 IPC, P.S. Kotwali, District Kanpur Nagar, pending in the
court of learned Chief Judicial Magistrate, Kanpur Nagar, are hereby
quashed.
6. Accordingly, the instant application is allowed.
September 9, 2026
Vivek Kr.
(Saurabh Srivastava,J.)
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
Checking your session…