Allahabad High Court
MATARU NAGAR @ RANBIR NAGAR AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court quashed the criminal proceedings, holding that the settlement between the parties rendered continuation of the case futile and contrary to the ends of justice.
Summary
The applicants filed an application under Section 528 of the CrPC seeking to quash criminal proceedings (Case No. 1777 of 2023) arising from Crime No. 424 of 2022, which involved offences under IPC sections 147, 323, 325 and 506. The parties had amicably settled the dispute, and the compromise was verified by the Additional Civil Judge on 21‑08‑2026. Both parties and the learned AGA agreed that there would be no harm in terminating the case. Relying on Supreme Court precedents that allow quashing of non‑compoundable offences where a genuine settlement exists, the High Court held that continuation of the proceedings would be futile. Consequently, the court quashed the entire criminal proceeding and allowed the application.
Issues considered
- Whether criminal proceedings for non‑compoundable offences under IPC sections 147, 323, 325 and 506 can be quashed on the basis of a compromise between the parties under Section 528 CrPC.
- Whether the settlement of a civil nature justifies the termination of the criminal trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 323, 325, 506
Subjects
- quash of criminal proceedings
- compromise settlement
- non‑compoundable offences
- Section 528 CrPC
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32853 of 2026
Mataru Nagar @ Ranbir Nagar And 9 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Sengar
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicants, this matter is being taken
up out of turn considering the urgency.
2. Heard learned counsel for the applicants and learned AGA for State.
3. The present application has been filed to quash the entire proceedings of
Case No.1777 of 2023 (State vs. Mataru Nagar @ Ranbir Nagar and Others)
arising out of Case Crime No.424 of 2022, under sections 147, 323, 325, 506
IPC, P.S. Ecotech 3rd, District- Central (Commissionerate Gautam Buddha
Nagar), pending before learned court of Civil Judge (SD)/FTC, Gautam
Buddha Nagar, including charge-sheet dated 08.01.2023 and
cognizance/summoning order dated 14.02.2023.
4. 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 Civil Judge (SD)-II/ACJM, Gautam Buddha Nagar on
dated 21.08.2026, which has been appended with the records of instant
application, this fact has also been ascertained and seconded by learned
AGA.
5. The parties have amicably settled their dispute and fact of compromise
has been confirmed and admitted by learned AGA 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
Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said
NA528 No. 32853 of 2026
2
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.1777 of 2023 (State vs. Mataru
Nagar @ Ranbir Nagar and Others) arising out of Case Crime No.424 of
2022, under sections 147, 323, 325, 506 IPC, P.S. Ecotech 3rd, District-
Central (Commissionerate Gautam Buddha Nagar), pending before learned
court of Civil Judge (SD)/FTC, Gautam Buddha Nagar, including charge-
sheet dated 08.01.2023 and cognizance/summoning order dated 14.02.2023,
are hereby quashed, in respect of applicant(s) herein.
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 28, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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