Allahabad High Court
AMIT NIRANJAN AND 2 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
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
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354-A, 427, 498-A, 504, 506
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
Checking your session…