Allahabad High Court
ANURAG SAINI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court quashed the criminal proceedings against the applicants on account of the compromise.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash criminal case No. 53567 of 2023 filed by the State of U.P. for offences under IPC sections 498A, 323, 504, 506 and the Dowry Prohibition Act. The applicants and the second opposite party had entered into a compromise dated 7‑12‑2024, which was verified by the trial court. The counsel for the second opposite party admitted the compromise and raised no objection to the quashing of the proceedings. The Court relied on a line of Supreme Court decisions that allow dismissal of criminal proceedings when the parties have settled their dispute. Accordingly, the Court held that the proceedings could be quashed and ordered the entire case against the applicants to be dismissed. The application was allowed.
Issues considered
- Whether criminal proceedings under sections 498A, 323, 504, 506 IPC and the Dowry Prohibition Act can be quashed on the basis of a compromise between the parties under Section 528 BNSS
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act
- Indian Penal Code — s. 323, 498, 504, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- IPC 498A
- dowry harassment
- settlement
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37428 of 2025
Anurag Saini And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Shekhar Kushwaha
Counsel for Opposite Party(s) : Alok Kushwaha, G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Chandra Shekhar Kushwaha, learned Counsel for the
applicants, Mr. Alok Kushwaha, 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 consider the compromise dated
07.12.2024(Annexure no 4) entered between the parties and also quash
the entire proceeding bearing case no 53567 of 2023, State vs Anurag
Saini and others pending in the court of learned Civil Judge (J.D.)F.T.C./
Crime Against Women, Moradabad, in pursuance of the charge sheet
dated 25.05.2023 and cognizance order dated 15 12.2023, in bearing
case crime no 16 of 2023 under section 498A, 323, 504, 506, I.P.C. and
3/4 Dowry Prohibition Act, Police Station Mahila Thana, District-
Moradabad."
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. 37428 of 2025
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.
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 17, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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