Allahabad High Court

ABBAS AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided: 27 September 2026
Bench: SAURABH SRIVASTAVA

Holding

The High Court held that the criminal proceedings may be quashed as the parties have amicably settled the dispute, even though the offences are non‑compoundable.

Summary

The applicants filed an application under Section 528 of the CrPC seeking quash of the charge‑sheet, cognizance order and the entire criminal proceedings (Case No. 16171/9 of 2026) relating to offences under Sections 110, 115(2), 131, 351(2) and 352 of the IPC. The parties had reached an amicable compromise, which was recorded by the Judicial Magistrate‑II, Muzaffarnagar, and both sides consented to the quash. The Court examined precedents such as Gian Singh v. State of Punjab (2012) and Madhavrao Scindia v. Angre (1988), which permit quashing of non‑compoundable criminal cases where the dispute is settled and continuation would be futile. Relying on these authorities and the fact of settlement, the High Court held that the proceedings should be set aside. Consequently, the application was allowed and the criminal proceedings were quashed.

Issues considered

Can criminal proceedings for non‑compoundable offences be quashed on the ground of a compromise between the offender and the victim?
Does the High Court have jurisdiction to entertain an application under Section 528 CrPC to quash such proceedings?

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 110, 115(2), 131, 351(2), 352

Subjects

Criminal Procedure Code
Section 528
Quash of proceedings
Compromise settlement
Non‑compoundable offences
High Court jurisdiction
IPC offences

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35616 of 2026

Abbas And 2 Others
.....Applicant(s)
Versus

State Of U.P. And 2 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Jagdish Prasad Mishra
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
22.03.2026, cognizance/summoning order dated 02.06.2026 and the entire
proceedings of Case No.16171/9 of 2026 (State vs. Abbas and others)
arising out of Case Crime No.201 of 2025, under sections 110, 115(2),
131, 351(2), 352 BNS, P.S. Kakrauli, District Muzaffar Nagar, pending in
the court of learned Judicial Magistrate-II, Muzaffarnagar.

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 Judicial Magistrate-II, Muzaffarnagar on dated
24.09.2026, which has been appended with supplementary affidavit
preferred on behalf of the applicants, 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. 35616 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 22.03.2026, cognizance/summoning order dated
02.06.2026 and the entire proceedings of Case No.16171/9 of 2026 (State
vs. Abbas and others) arising out of Case Crime No.201 of 2025, under
sections 110, 115(2), 131, 351(2), 352 BNS, P.S. Kakrauli, District
Muzaffar Nagar, pending in the court of learned Judicial Magistrate-II,
Muzaffarnagar, 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 28, 2026
Ashish/-

(Saurabh Srivastava,J.)

Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad

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