Created by Fuzzy Cloud

Allahabad High Court

SHIVAMversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that, despite the offences being non‑compoundable, a genuine compromise between the parties justifies quashing the criminal proceedings.

Summary

The applicant Shivam filed an application under Section 528 CrPC seeking to quash the criminal proceedings (Case No.125 of 2021) pending before the Juvenile Justice Board, Bareilly, which involved offences under IPC sections 308, 323, 324, 504, 506 and 325. Both parties had reached a compromise on 18 July 2026, which was verified by the Principal Magistrate on 18 August 2026, and the compromise was jointly acknowledged by counsel. The High Court considered Supreme Court precedents allowing quash of non‑compoundable offences where a genuine settlement exists and where continuation would be futile. Relying on Gian Singh v. State of Punjab, Madhavrao Jiwajirao Scindia v. Sambhajirao Angre and H.N. Pandakumar v. State of Karnataka, the Court held that quashing was in the interest of justice. Consequently, the entire proceedings were quashed and the application was allowed.

Issues considered

  • Can criminal proceedings for non‑compoundable offences be quashed on the basis of a compromise between the parties?
  • Does the Juvenile Justice Board have jurisdiction to continue proceedings after a verified settlement?
  • Is the High Court empowered under Section 528 CrPC to quash such proceedings despite the nature of the offences?

Legislation cited

Subjects

  • compromise
  • quash of criminal proceedings
  • non‑compoundable offences
  • Juvenile Justice Board
  • Section 528 CrPC
  • IPC sections 308 323 324 504 506 325
  • settlement
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 31912 of 2026

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

Counsel for Applicant(s)               :    Karunesh Narayan Tripathi
Counsel for Opposite Party(s)          :    G.A., Sunil Kumar Srivastava

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.

1. On the request of learned counsel for applicant, this matter is being taken
up out of turn considering the urgency.

2. Heard learned counsel for the parties.

3. The present application has been filed to quash the entire proceedings of
Case No.125 of 2021 (State vs. Shivam) arising out of Case Crime No.477
of 2016, under sections 308, 323, 324, 504, 506, 325 IPC, P.S. Bhojipura,
District- Bareilly, pending before learned court of Juvenile Justice Board,
Bareilly,     including     charge-sheet      dated     21.12.2016      and
cognizance/summoning order dated 12.10.2021 on the basis of compromise
dated 18.07.2026.

4. At the very outset, learned counsel for applicant submitted that
compromise has already been preferred and the same has also been verified
by learned Principal Magistrate, Juvenile Justice Board, Bareilly on dated
18.08.2026, which has been appended with the records of instant
application, this fact has also been ascertained and seconded by learned
counsel for opposite parties.

5. 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.

6. A three-Judge Bench of the Supreme Court in Gian Singh v. State of
                                                                                            NA528 No. 31912 of 2026
                                                                    2


                                    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 the case of H.N. Pandakumar Vs. State of Karnataka [2025 INSC
                                    37], Hon'ble the 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. Keeping in mind the position of law and facts, circumstances of the case,
                                    the entire proceedings of Case No.125 of 2021 (State vs. Shivam) arising out
                                    of Case Crime No.477 of 2016, under sections 308, 323, 324, 504, 506, 325
                                    IPC, P.S. Bhojipura, District- Bareilly, pending before learned court of
                                    Juvenile Justice Board, Bareilly, including charge-sheet dated 21.12.2016
                                    and cognizance/summoning order dated 12.10.2021, are hereby quashed.

                                    10. Accordingly, the present application stands allowed.

                                    11. 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
                                    Saif
                                                                                         (Saurabh Srivastava,J.)




Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.