Allahabad High Court
ARSHAD AND 3 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court quashed the criminal proceedings, holding that the amicable settlement of the dispute warranted termination of the case even though the offences were non‑compoundable.
Summary
The applicants filed an application under Section 528 of the CrPC seeking to quash the charge‑sheet and proceedings in a criminal case involving offences under sections 147, 148, 452, 352, 323 and 506 IPC. Both parties had reached an amicable compromise, which was verified by the Additional Chief Judicial Magistrate. The court noted Supreme Court precedents that allow quashing of non‑compoundable offences when the dispute is settled and continuation of prosecution would be futile. Relying on these authorities, the High Court held that the criminal proceedings should be terminated. Consequently, the application was allowed and the entire case was quashed.
Issues considered
- Can criminal proceedings be quashed under Section 528 CrPC when the parties have settled the dispute despite the offences being non‑compoundable?
- Does a settlement of civil or family‑related disputes justify quashing of criminal charges on the ground of futility of prosecution?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 148, 323, 352, 452, 506
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- compromise settlement
- non‑compoundable offences
- IPC sections 147 148 452 352 323 506
- Supreme Court precedent
- justice and futility of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29304 of 2026
Arshad And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Srijan Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. The present application has been filed to quash the charge-sheet dated
05.07.2022, cognizance/summoning order dated 11.07.2022 and the entire
proceedings of Case No.7734/9/22 (State vs. Arshad and others) arising
out of Case Crime No.174/2022, under sections 147, 148, 452, 352, 323,
506 IPC, P.S. Kandhla, District Shamli, pending in the court of learned
Additional Chief Judicial Magistrate, Shamli.
3. At the very outset, learned counsel for applicants submitted that
compromise has already been preferred and the same has also been
verified by learned Additional Chief Judicial Magistrate, Shamli on dated
19.08.2026, which has been appended with ordersheet to this application,
this fact has also been ascertained and seconded by learned counsel for
opposite parties.
4. The parties have amicably settled their dispute and fact of compromise
has been confirmed and admitted by learned counsel for opposite parties
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
the compromise.
5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of
Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the
said judgment that where the High Court quashes a criminal proceeding
NA528 No. 29304 of 2026
2
having regard to the fact that the dispute between the offender and the
victim has been settled although the offences are not compoundable, it
does so as in its opinion, continuation of criminal proceedings will be an
exercise in futility and justice in the case demands that the dispute
between the parties is put to an end and peace is resorted; securing the
ends of justice being the ultimate guiding factor.
6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao
Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has
also observed that where matters are also of civil nature i.e. matrimonial,
family disputes, etc. the Court may consider "special facts", "special
feature" and quash the criminal proceeding to encourage genuine
settlement of disputes between the parties.
7. Keeping in mind the position of law and facts, circumstances of the
case, charge-sheet dated 05.07.2022, cognizance/summoning order dated
11.07.2022 and the entire proceedings of Case No.7734/9/22 (State vs.
Arshad and others) arising out of Case Crime No.174/2022, under
sections 147, 148, 452, 352, 323, 506 IPC, P.S. Kandhla, District Shamli,
pending in the court of learned Additional Chief Judicial Magistrate,
Shamli, are hereby quashed.
8. Accordingly, the present application stands allowed.
9. This order is being passed by this Court after hearing the contesting
parties. If at all, informant/opposite party no.2 feels that he/she has been
duped or betrayed, then in that event, he/she may file recall application
explaining the reasons for filing the said application.
September 21, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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