Allahabad High Court
MUKESH KUMAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The High Court held that where the parties have settled their grievances, the criminal proceedings, including the charge‑sheet, may be quashed under Section 528 of the BNSS.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Criminal Case No. 312 of 2025) arising from a FIR containing offences under Sections 147, 308, 427, 506, 323, 336 and 498‑A IPC. A compromise deed dated 26‑08‑2025 was filed and verified by the District and Sessions Court as directed by a coordinate bench of the High Court. The State had no objection to the compromise. Relying on a line of Supreme Court decisions that allow quashing of cases where the parties have settled their disputes, the High Court held that it could exercise its power to quash the charge‑sheet and the entire proceeding. Consequently, the application was allowed and the charge‑sheet dated 08‑07‑2023 was quashed.
Issues considered
- Whether a criminal case can be quashed on the basis of a settlement/compromise between the parties under Section 528 of the BNSS.
- Whether the High Court has jurisdiction to quash the charge‑sheet and cognizance order in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 308, 323, 336, 427, 498-A, 506
Subjects
- settlement
- compromise deed
- quash criminal proceedings
- Section 528
- Criminal Procedure Code
- High Court jurisdiction
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36930 of 2025
Mukesh Kumar And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Yadav
Counsel for Opposite Party(s) : Pradeep Kumar Singh, G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Rakesh Yadav, learned counsel for the applicants, Sri Pradep
Kumar Singh, learned counsel for the opposite party no. 2, Sri Jitendra
Singh, learned counsel for the State and perused the records.
3. The present application under Sections 528 BNSS has been filed by the
applicants Mukesh Kumar, Deep Narayan, Lalti Devi, Kiran Devi and
Yogesh Kumar, with the prayer to allow the present application and quash
the entire proceeding, charge sheet dated 08.07.2023 in Criminal Case No.
312 of 2025, State Vs. Mukesh Kumar and others, arising out of case crime
No. 223 of 2023, under Sections 147, 308, 427, 506, 323, 336, 498-A I.P.C.
P.S.- Dhanghata, District Sant Kabir Nagar, pending in the court of District
and Sessions Judge, Sant Kabir Nagar in terms of compromise dated
26.08.2025 between the parties and with a further prayer to stay the further
proceedings of the said case.
4. Learned counsel for the applicants states that an order was passed by a co-
ordinate Bench of this Court vide order dated 24.09.2025 directing the
applicants to file the said compromise deed before the court concerned
which was to be verified by the court concerned. In pursuance of the said
order, the court concerned vide order dated 13.10.2025 verified the said
compromise, copy of the same is on record. The same is not disputed by
learned counsel for the opposite party no.2.
5. Learned counsel for the State has no objection to the said proposition.
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
NA528 No. 36930 of 2025
2
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, charge sheet as well as
cognizance/summoning order as prayed for by the applicant(s).
8. The present application is allowed.
9. The entire proceeding, charge sheet dated 08.07.2023 of the aforesaid case
are hereby quashed.
(Samit Gopal,J.)
May 18, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
Checking your session…