Created by Fuzzy Cloud

Allahabad High Court

AMIT NIRANJAN AND 2 OTHERSversusSTATE OF UP AND ANOTHER

Decided

Holding

The Court held that, given the parties’ valid compromise, the criminal proceedings must be quashed.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and criminal proceedings (Criminal Case No. 112/2024) arising from offences under IPC sections 498‑A, 354‑A, 323, 504, 506, 427 and the Dowry Prohibition Act, on the ground that they had reached a compromise with the opposite party on 14‑05‑2026. The opposite party’s counsel admitted the compromise and raised no objection to quashing. The Court examined the settled law that criminal cases may be dismissed when the parties have amicably resolved their dispute, citing several Supreme Court decisions. Applying this principle, the Court held that the proceedings against the applicants could be terminated. Consequently, the entire criminal proceedings were quashed and the application was allowed.

Issues considered

  • Whether criminal proceedings can be quashed on the basis of a compromise/settlement between the parties under Section 528 of the BNSS.

Legislation cited

Subjects

  • settlement
  • compromise
  • quash of criminal proceedings
  • Section 528
  • Criminal Procedure
  • IPC offences
  • Supreme Court precedent

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 35689 of 2026

Amit Niranjan And 2 Others
                                                                    .....Applicant(s)
                                       Versus

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

Counsel for Applicant(s)                         :    Vishnu Kant Tiwari
Counsel for Opposite Party(s)                    :    G.A.

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

1. Heard Mr. Vishnu Kant Tiwari, learned Counsel for the applicants, Mr.
Dharmendra Kumar Mishra, learned Counsel holding brief of Mr. Dev
Kant Tiwari, learned Counsel for opposite party no.2 and learned AGA
for the State and perused the records.

2. The present application under Section 528 BNSS has been filed by the
applicants with the following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to allow this application and to quash the Charge sheet Dated 10.12.2023,
Cognizance Order dated 05.02.2024, in Crl. Case No. 112/2024 (State of UP Vs. Amit
Niranjan and others), under section 498-A, 354-A, 323, 504, 506, 427 IPC, 3/4 D.P.
Act, passed by Judicial Magistrate, Konch, District- Jalaun, Arising out of Case
Crime No. 205/2023 Police station- Konch, District Jalaun along with the entire
criminal proceeding of the Crl. Case No. 112/2024 (State of UP Vs. Amit Niranjan
and others), in view of the compromise dated 14.05.2026, settled between the parties."

3. Learned Counsel for the applicants has submitted that the applicants
and opposite party no.2 have compromised the dispute. It is further
argued that the said compromise has also been verified by the concerned
Trial Court, as such the proceedings against the applicants may be
quashed.

4. Learned counsel for opposite party no.2 admitted the fact of
compromise and stated that he has no objection if the proceeding of the
                                                                                             NA528 No. 35689 of 2026
                                                                     2


                                    aforesaid case is quashed against the applicants.

                                    5. From the perusal of the record it is apparent that parties have entered
                                    into compromise and have settled their dispute amicably.

                                    5. The law with regards to quashing of a case on the basis of settlement
                                    arrived between the parties is well settled. The Apex Court in the cases of
                                    (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
                                    SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
                                    (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
                                    SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
                                    Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278
                                    and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and
                                    others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that
                                    the cases in which the parties have settled their grievances can be quashed.

                                    6. Upon perusal of the records and the law laid down by the Apex Court on
                                    the subject, this is a fit case for exercising powers of this Court to quash the
                                    proceedings, as prayed for by the applicants.

                                    7. The entire proceedings of the aforesaid case, insofar as the present to the
                                    present applicants, are hereby quashed.

                                    8. The present application is allowed.




                                                                                            (Chawan Prakash,J.)
                                    September 28, 2026
                                    Vijay




Digitally signed by :-
VIJAY KUMAR SAHU
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.