Allahabad High Court
SUSHIL SINGHAL AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that where parties have settled their dispute and the compromise is verified, the criminal proceedings may be quashed under Section 528 BNSS.
Summary
The applicants, Sushil Singhal and others, filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Case No. 518/9 of 2018) arising from a 2015 offence under Sections 498A, 323, 504, 506, 316 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They asserted that the dispute had been amicably settled through a compromise, which was verified by the trial court and acknowledged by the State's counsel. The court examined the settled nature of the dispute and relied on established Supreme Court precedents that allow quashing of criminal cases where parties have reached a settlement. Finding the compromise bona fide and verified, the court exercised its power under Section 528 to quash the proceedings against the applicants. Consequently, the application was allowed and the criminal case was dismissed.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise/settlement between the parties under Section 528 BNSS.
- Whether the verification of the compromise by the trial court suffices to justify quashing the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 316, 323, 498A, 504, 506
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528
- IPC
- Dowry Prohibition Act
- case law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 359 of 2026
Sushil Singhal And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Avinash Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Avinash Pandey, learned Counsel for the applicants 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 entire proceedings of Case No.
518/9 of 2018 (State vs. Sushil Singhal & others) arising out of Case Crime no.656 of
2015, Under Section-498A, 323, 504, 506, 316 IPC & 3/4 D.P. Act, Police Station-
Kairana, District-Shamli, Pending in the Court of Chief Judicial Magistrate, Shamli
on the basis of compromise, in the interest of justice."
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 and the compromise verification report is annexed with
supplementary affidavit filed in connected matter i.e. Application U/S 528
BNSS No. 257 of 2026, as such the proceedings against the applicants
may be quashed.
4. Learned A.G.A. admitted the fact of compromise and stated that he has
no objection if the proceeding of the aforesaid case is quashed against the
applicants.
5. From the perusal of the record it is apparent that parties have entered
NA528 No. 359 of 2026
2
into compromise and have settled their dispute amicably.
6. 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.
7. From perusal of the records and the law laid down by the Apex Court
on the subject matter, the present case is a good case for exercising
powers by this Court to quash the proceedings as prayed for by the
applicants.
8. The entire proceedings of the aforesaid case with regard to the present
applicants are hereby quashed.
9. The present application is allowed.
(Chawan Prakash,J.)
September 23, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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