Allahabad High Court
ROHIT DHUPUR AND 3 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that, given the parties' settlement, the criminal proceedings were to be quashed under Section 528 of the B.N.S.S.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and related proceedings in a criminal case involving offences under Sections 85, 115(2), 352, 351(3) of the B.N.S. and the Dowry Prohibition Act. The applicants and the second opposite party had amicably settled the dispute outside court, and the latter expressed a desire to withdraw the prosecution. The State, represented by the Attorney General, concurred that the matter was settled. The High Court, relying on Supreme Court precedents that permit compromise even in certain cognizable and non‑compoundable offences, held that continuing the prosecution would serve no useful purpose. Consequently, the court quashed the charge sheet, cognizance order, and all proceedings, and allowed the application under Section 528.
Issues considered
- Whether a compromise between parties can be permitted to quash proceedings in cognizable, non‑compoundable offences under Section 528 of the B.N.S.S.
- Whether the court may dismiss the charge sheet and related orders on the basis of an out‑of‑court settlement.
Legislation cited
- B.N.S. — s. 115(2), 351(3), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- non‑compoundable offences
- dowry prohibition
- settlement
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37424 of 2026
Rohit Dhupur And 3 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhilasha, Mushir Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed with
the prayer to quash the charge sheet dated 28.01.2026,
cognizance/summoning order dated 18.04.2026 and entire proceedings of
Case No.39127 of 2026 (State Vs. Rohit Dhupur and others), arising out
of Case Crime No.293 of 2025 under Sections 85, 115(2), 352, 351(3)
B.N.S. and 3/4 Dowry Prohibition Act,, Police Station-Kakadev, District-
Central Commissionarate, Kanpur Nagar, pending in the court of
Additional Chief Judicial Magistrate-3, Kanpur Nagar.
3. Learned counsel for the applicants submitted that applicants and
opposite party no.2 have amicably settled their dispute out of the Court.
Applicants approached this Court by filing Application under Section 528
BNSS No. 23373 of 2026 with the prayer to quash the proceedings in
terms of compromise entered between the parties and this Court vide
order dated 02.07.2026 directed the parties to appear before the trial court
for verification of the parties and compromise application. Trial court
vide order dated 14.07.2026 verified the parties as well as compromise
application. He further submitted that applicants and opposite party no.2
have settled their dispute through compromise and, as such, opposite
party no.2 does not wish to press the aforesaid case against the applicants.
Opposite party no.2 is ready to withdraw the prosecution of the applicants
and in view of the compromise, no fruitful purpose would be served if the
NA528 No. 37424 of 2026
2
prosecution is allowed to go on.
4. Learned A.G.A. submitted that both the parties have settled their
dispute out of the court, hence, no reason to proceed further.
5. The Hon'ble Apex Court in the case of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs.
State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab
(2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5
SCC 688, wherein Hon'ble Apex Court has categorically held that
compromise can be made between the parties even in respect of certain
cognizable and non-compoundable offences. Reference may also be made
to the decision given by this Court in Shaifullah and others Vs. State of
U.P. and another [2013 (83) ACC 278], in which, law expounded by the
Hon'ble Apex Court in the aforesaid cases has been explained in detail.
6. Considering the facts and circumstances of the case, as noted herein
above, and also the submissions made by learned counsel for the parties,
this Court is of the considered opinion that no useful purpose would be
served by prolonging the proceedings of the above mentioned case.
7. Accordingly, charge sheet dated 28.01.2026, cognizance/summoning
order dated 18.04.2026 and entire proceedings of Case No.39127 of 2026
(State Vs. Rohit Dhupur and others), arising out of Case Crime No.293 of
2025 under Sections 85, 115(2), 352, 351(3) B.N.S. and 3/4 Dowry
Prohibition Act,, Police Station-Kakadev, District-Central
Commissionarate, Kanpur Nagar, pending in the court of Additional
Chief Judicial Magistrate-3, Kanpur Nagar, are hereby quashed in terms
of compromise.
8. This application under Section 528 B.N.S.S. is accordingly allowed.
(Chawan Prakash,J.)
September 9, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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