Allahabad High Court
JITENDRA KUMAR MISHRA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that a valid compromise between the parties warrants the quashment of the criminal proceedings even for offences under sections 85, 115(2) and 351(2) of the B.N.S.S.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 275 of 2025) arising from offences under sections 85, 115(2) and 351(2) of the B.N.S.S. They claimed that the dispute with Opposite Party No.2 had been amicably settled and that the latter wished to withdraw the prosecution. The trial court verified the parties and the compromise, and the State expressed no objection to the quashment. Relying on Supreme Court precedents permitting compromise even in cognizable and non‑compoundable offences, the High Court held that continuing the trial would serve no useful purpose. Consequently, the court quashed the pending criminal proceedings and allowed the application under Section 528.
Issues considered
- Whether a compromise between parties can be permitted to quash criminal proceedings under Section 528 of the B.N.S.S. for offences under sections 85, 115(2) and 351(2).
- Whether the court may dismiss a pending criminal case on the basis of a settlement when the prosecution consents.
Legislation cited
- B.N.S.S. — s. 115(2), 351(2), 85
Subjects
- compromise
- criminal procedure
- Section 528
- quashment
- non‑compoundable offence
- B.N.S.S.
- settlement
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37675 of 2026
Jitendra Kumar Mishra And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Asheesh Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Asheesh Kumar Tiwari, learned counsel for applicants and
learned AGA for the State.
2. The present application under Section 528 B.N.S.S. has been filed by
the applicants with a prayer to quash the entire proceeding of Case no.
275 of 2025 (State Vs. Jitendra Kumar Mishra and others) arising out of
Case Crime no. 69 of 2025, under section- 85, 115(2), 351(2) B.N.S.,
Police Station-Colonelganj, District-Prayagraj, pending in the court of
Additional Civil Judge (J.D.) 21, Allahabad.
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 this application with prayer to
quash the proceedings on terms of compromise entered between the
parties, this Court vide order dated 17.7.2026 passed in Application U/S
528 BNSS No.28396 of 2026, directed the parties to appear before the
trial court for verification of the parties and compromise application. Trial
court vide order dated 30.7.2026 verified the parties as well as
compromise application. He further submitted that applicants and
opposite party no.2 compromised the matter and opposite party No.2 does
not want to proceed the matter against the applicants. He further
submitted that applicants and opposite party no.2 have settled through
compromise their dispute 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
NA528 No. 37675 of 2026
2
compromise, no fruitful purpose would be served if the prosecution is
allowed to go on.
4. Learned AGA does not dispute the correctness of the submission made
by learned counsel for the applicants or the correctness of the documents
relied upon by him. He submits that he has no objection, if the
proceedings in the aforesaid case are quashed.
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, the proceedings of Case no. 275 of 2025 (State Vs.
Jitendra Kumar Mishra and others) arising out of Case Crime no. 69 of
2025, under section- 85, 115(2), 351(2) B.N.S., Police Station-
Colonelganj, District-Prayagraj, pending in the court of Additional Civil
Judge (J.D.) 21, Allahabad are hereby quashed.
8. This application under Section 528 B.N.S.S. is accordingly allowed.
(Chawan Prakash,J.)
September 9, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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