Allahabad High Court
SHISHUPALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The court held that, given the verified compromise and the private nature of the dispute, the criminal proceedings were to be quashed.
Summary
The applicant Shishupal filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (S.S.T. No. 439 of 2018) arising from offences under IPC sections 308, 325, 323 and 504. The trial court had verified a compromise between the parties, a fact jointly acknowledged by both counsel. The State's A.G.A. also conceded that the compromise was effected and verified. Relying on Supreme Court precedents that allow the inherent power of the court to dispense with proceedings when a genuine settlement exists, the High Court held that the dispute was private and had no broader social impact. Consequently, the application was allowed and the entire criminal proceedings were quashed.
Issues considered
- Whether criminal proceedings under IPC sections 308, 325, 323 and 504 can be quashed on the basis of a verified compromise under Section 528 of the BNSS.
- Whether the High Court can exercise its inherent power to terminate criminal proceedings when the parties have settled the dispute.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 308, 323, 325, 504
Subjects
- compromise
- criminal procedure
- inherent jurisdiction
- quashing of criminal proceedings
- Section 528
- private dispute
- IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37582 of 2025
Shishupal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharmendra Kumar Patel
Counsel for Opposite Party(s) : Chandra Prakash Pandey, G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Sri Dharmendra Kumar Patel, learned Counsel for the applicant,
learned A.G.A. for the State, Sri C.P. Padney, learned Counsel for the
opposite party no.2 and perused the record.
2. This application under Section 528 of BNSS has been filed for
quashing the entire proceedings of S.S.T. No. 439 of 2018 (Case No.
1201 of 2013), arising out of Case Crime No. 117 of 2013, under Sections
308, 325, 323, 504 of I.P.C., P.S. Rajpura, District Sambhal.
3. Learned Counsel for the applicant as well as opposite party No.2 jointly
submitted that vide order dated 07.11.2025 a direction was given to the
Trial Court to verify the factum of compromise executed by the parties. In
pursuance of the aforesaid order, learned Trial Court had verified the
contents of compromise.
4. Learned counsel for the applicant and learned counsel for opposite
party no. 2 jointly submitted that the parties have entered into
compromise, which has duly been verified by the Trial Court vide report
dated 14.01.2026.
5. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the Trial
Court.
6. Hon'ble Apex Court in catena of decisions has held that inherent power
can be used to do real and substantial justice as has been held in Gian
NA528 No. 37582 of 2025
2
Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others
Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of
Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to
speed up the process of ending the criminal proceedings where the
settlement is arrived at between the parties.
7. In view of the aforesaid facts and considering that the parties do not
wish to pursue the case any further, the dispute is essentially of a private
nature and has no wider social impact. Since it has been mutually settled
between the parties by way of a compromise, no useful purpose would be
served by proceeding with the matter further.
8. For the discussions made above, the present application is allowed
and entire proceedings of S.S.T. No. 439 of 2018 (Case No. 1201 of
2013), arising out of Case Crime No. 117 of 2013, under Sections 308,
325, 323, 504 of IPC, P.S. Rajpura, District Sambhal are hereby quashed.
(Sanjiv Kumar,J.)
March 23, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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