Allahabad High Court
DEEPU PAL @ DEEPAK AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that the criminal proceedings under Sections 131, 115(2), 352 and 117(2) IPC may be quashed under Section 528 CrPC where the parties have amicably settled the dispute, despite the offences being non‑compoundable.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking quash of the charge sheet and proceedings in a case involving offences under Sections 131, 115(2), 352 and 117(2) of the Indian Penal Code. The parties had reached an amicable settlement, which was verified by a compromise report submitted to the court. The respondents raised no objection to the settlement. Relying on Supreme Court precedents (Gian Singh v. State of Punjab, Madhavrao Scindia v. Angre, and H.N. Pandakumar v. State of Karnataka) that allow quashing of non‑compoundable offences where continuation of prosecution would be futile, the High Court quashed the proceedings against the applicants. The application was therefore allowed, with a direction that any aggrieved party may file a recall application.
Issues considered
- Whether criminal proceedings for non‑compoundable offences can be quashed under Section 528 CrPC on the basis of a compromise between the parties.
- Whether the settlement of a civil or matrimonial dispute justifies termination of the related criminal case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 131, 352
Subjects
- Section 528 CrPC
- quash criminal proceeding
- non‑compoundable offences
- compromise settlement
- Indian Penal Code
- Supreme Court precedent
- futility of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 30775 of 2026
Deepu Pal @ Deepak And 2 Others
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Awadh Bihari Pandey
Counsel for Opposite Party(s) : G.A., Subhash Sharma
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up out of turn from the category of cases
which have been mentioned in the morning on account of urgency. Heard
learned counsel for parties.
2. Present application has been preferred with a prayer to quash charge sheet
dated 11.5.2025, cognizance order dated 01.06.2026 along with entire
proceeding of Case no. 70628 of 2026 arising out of Case Crime no. 153 of
2025 under sections 131, 115(2), 352, 117(2) BNS, PS- Panaki, District-
Kanpur Nagar.
3. In compliance of earlier order passed by this Court, compromise
verification report has already been received from learned concerned court
and the same is appended to order sheet wherein it is mentioned that
compromise has been verified in presence of both the parties.
4. Learned counsels for respondents showed no objection to aforesaid
contention of learned counsel for applicants.
5. From perusal of records, it transpires that the parties have amicably settled
their dispute and fact of compromise has been confirmed and admitted by
learned counsel for the parties and it has been submitted that there would be
no harm and error and it would be in the interest of justice that the
proceedings may be quashed in light of the compromise.
6. A three-Judge Bench of the Hon'ble Supreme Court in Gian Singh v.
NA528 No. 30775 of 2026
2
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
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.
7. 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.
8. In case of H.N.Pandakumar vs. State of Karnataka [2025 INSC 37],
Hon'ble Apex Court has also observed that if the offence is non-
compoundable which is having no serious impact on society then there
would be no harm and error if the proceedings may be quashed in light of
the compromise entered into between the parties.
9. In view of the aforementioned facts and circumstances, the entire
proceeding of Case no. 70628 of 2026 arising out of Case Crime no. 153 of
2025 under sections 131, 115(2), 352, 117(2) BNS, PS- Panaki, District-
Kanpur Nagar, are hereby quashed, only in respect of applicants herein.
10. Accordingly, the present application stands allowed.
11. If at all, 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.
(Saurabh Srivastava,J.)
September 21, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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