Allahabad High Court

RAKESH KUMAR AND AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 7 September 2026
Bench: CHAWAN PRAKASH

Holding

The court held that where parties have settled and there is no useful purpose in continuing prosecution, the proceedings may be quashed even for cognizable, non‑compoundable offences.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash a charge sheet and related criminal proceedings involving offences under Sections 498A, 323, 307, 504, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The parties had amicably settled the dispute outside court, and the opposite party consented to withdraw the prosecution. Both counsel and the Advocate General affirmed the settlement and expressed no objection to quashing the case. The High Court relied on Supreme Court precedents that permit compromise even in cognizable, non‑compoundable offences. Finding no useful purpose in continuing the prosecution, the Court quashed the charge sheet and allowed the application.

Issues considered

Can a compromise between parties lead to the quashing of criminal proceedings for cognizable, non‑compoundable offences under the IPC and Dowry Prohibition Act?
Does the court have jurisdiction to quash a charge sheet under Section 528 BNSS upon settlement of the dispute?
Is the withdrawal of prosecution permissible after a settlement has been verified by the trial court?

Legislation cited

BNSS Act — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 307, 323, 498A, 504, 506

Subjects

compromise
quash of criminal proceedings
non‑compoundable offences
Section 528 BNSS
High Court
Indian Penal Code
Dowry Prohibition Act
settlement

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 31685 of 2025

Rakesh Kumar And And Another
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Jitendra Kumar Bind, Viveka Nand
Maurya
Counsel for Opposite Party(s) : Alok Kumar Kushwaha, G.A., Manish
Kumar Singh

Court No. - 83
HON'BLE CHAWAN PRAKASH, J.

1. Supplementary affidavit filed today, is taken on record.

2. Heard Sri Viveka Nand Maurya, learned counsel for applicants, Sri
Manish Kumar Singh, learned counsel for opposite party No.2 and
learned AGA for the State.

3. The present application under Section 528 B.N.S.S. has been filed by
the applicants with a prayer to quash the charge sheet dated 22.01.20211,
cognizance/summoning order dated 21.02.2011 passed by Addl. Chief
Judicial Magistrate, Court No.3, Meerut in Criminal Case No. 158 of
2011 (State Vs. Rakesh) as well as entire proceeding of S.T. No.779 of
2016 (State Vs. Rakesh Kumar & Others) arising out of Case Crime
No.318 of 2010, under Sections 498A, 323, 307, 504, 506 I.P.C. & 3/4
D.P. Act, Police Station Brahmpuri, Meerut, pending in the Court of the
Additional Sessions Judge, Court No.7, Meerut.

4. Learned counsel for the applicants submitted that applicants and
opposite party no.2 have amicably settled their dispute out of the Court.
Applicants approached this Court by filing this application with prayer to
quash the proceedings on terms of compromise entered between the
parties, this Court vide order dated 25.8.2025 directed the parties to
appear before the trial court for verification of the parties and compromise
application. Trial court vide order dated 15.9.2025 verified the parties as
well as compromise application. He further submitted that applicants and
NA528 No. 31685 of 2025
2

opposite party no.2 compromised the matter and opposite party No.2 does
not want to proceed the matter against the applicants. He further
submitted that applicants and opposite party no.2 have settled through
compromise their dispute and as such opposite party no.2 does not wish to
press the aforesaid case against the applicants. Opposite party no.2 is
ready to withdraw the prosecution of the applicants and in view of the
compromise, no fruitful purpose would be served if the prosecution is
allowed to go on.

5. Learned counsel appearing for the opposite party no.2 does not dispute
the correctness of the submission made by learned counsel for the
applicants or the correctness of the documents relied upon by him. He
submits that opposite party no. 2 has no objection, if the proceedings in
the aforesaid case are quashed.

6. Learned AGA submitted that both the parties have settled their dispute
out of the court, hence, no reason to proceed further.

7. The Hon'ble Apex Court in the case of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai
Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of
Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan
(2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held
that compromise can be made between the parties even in respect of
certain cognizable and non-compoundable offences. Reference may also
be made to the decision given by this Court in Shaifullah and others Vs.
State of U.P. and another [2013 (83) ACC 278], in which, law
expounded by the Hon'ble Apex Court in the aforesaid cases has been
explained in detail.

8. Considering the facts and circumstances of the case, as noted herein
above, and also the submissions made by learned counsel for the parties,
this Court is of the considered opinion that no useful purpose would be
served by prolonging the proceedings of the above mentioned case.

9. Accordingly, the proceedings of charge sheet dated 22.01.20211,
cognizance/summoning order dated 21.02.2011 passed by Addl. Chief
Judicial Magistrate, Court No.3, Meerut in Criminal Case No. 158 of
NA528 No. 31685 of 2025
3

2011 (State Vs. Rakesh) as well as entire proceeding of S.T. No.779 of
2016 (State Vs. Rakesh Kumar & Others) arising out of Case Crime
No.318 of 2010, under Sections 498A, 323, 307, 504, 506 I.P.C. & 3/4
D.P. Act, Police Station Brahmpuri, Meerut are hereby quashed.

10. This application under Section 528 B.N.S.S. is accordingly allowed.

(Chawan Prakash,J.)
September 8, 2026
Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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