Allahabad High Court

AJEET KUMAR YADAV AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 24 March 2026
Bench: SANJIV KUMAR

Holding

The High Court exercised its inherent power and quashed the charge‑sheet, summons and the entire criminal proceedings.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash a charge‑sheet dated 29‑08‑2024 and the related criminal proceedings under Section 386 IPC. The trial court had been directed to verify a compromise between the parties, which was duly verified on 16‑10‑2025. Both the applicants and the State’s Additional Government Advocate admitted that a settlement had been effected and that the dispute was purely private with no wider social impact. Citing Supreme Court decisions that permit the exercise of inherent powers to achieve real and substantial justice, the High Court held that the criminal proceedings could be terminated. Accordingly, the application was allowed and the charge‑sheet, summons and the entire case were quashed.

Issues considered

Whether the High Court can exercise its inherent power under Section 528 of the BNSS to quash criminal proceedings when the parties have reached a verified compromise
Whether a private compromise can bar the continuation of a prosecution under Section 386 IPC

Legislation cited

BNSS — s. 528
Indian Penal Code — s. 386

Subjects

compromise
quash
criminal proceedings
inherent power
Section 528 BNSS
Section 386 IPC
private settlement
high court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 26900 of 2025

Ajeet Kumar Yadav And Another
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Deeksha Gupta, Ramashankar Yadav,
Siddharth Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 83
HON'BLE SANJIV KUMAR, J.

1. Heard Mr. Ramashanka Yadav, learned counsel for the applicants,
learned A.G.A. for the State of U.P. and perused the record.

2. This application under Section 528 of BNSS has been filed for
quashing the charge-sheet dated 29.08.2024 and summoning order dated
02.09.2024 as well as entire proceedings of Case No. 8516 of 2024,
arising out of Case Crime No. 291 of 2024, under Sections 386 I.P.C.,
Police Station Jiyanpur, District Azamgarh, pending in the court of
learned C.J.M., Azamgarh.

3. Learned counsel for the applicants submitted that vide order dated
19.09.2025, 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 16.10.2025. A copy of order and verified
compromise has been annexed as Annexure No.SA1 to the supplementary
affidavit.

5. 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
NA528 No. 26900 of 2025
2

below.

6. 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.

7. 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.

8. For the discussions made above, the present application is allowed and
charge-sheet dated 29.08.2024 and summoning order dated 02.09.2024 as
well as entire proceedings of Case No. 8516 of 2024, arising out of Case
Crime No. 291 of 2024, under Sections 386 I.P.C., Police Station
Jiyanpur, District Azamgarh, pending in the court of learned C.J.M.,
Azamgarh, are hereby quashed.

(Sanjiv Kumar,J.)
March 25, 2026
Subham

Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad

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