Allahabad High Court
SMT RENU @ REENA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that, given the valid compromise and lack of public interest, the criminal proceedings were to be quashed under Section 528 BNSS.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet dated 04‑07‑2024 and the cognizance order dated 19‑09‑2024 in Criminal Case No. 490 of 2024, which arose from offences under Sections 498‑A, 323, 504, 506, 354 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The applicants asserted that they had reached an amicable settlement with the second opposite party, who was willing to withdraw the prosecution and had verified the compromise before the trial court. The State (opposite party 1) raised no objection to the compromise or to the quashing of the proceedings. The Court relied on Supreme Court precedents that permit compromise even in cognizable and non‑compoundable offences, namely Narindra Singh v. State of Punjab, Parbatbhai Aahir v. State of Gujarat, Gian Singh v. State of Punjab, State of M.P. v. Laxmi Narayanan, and the Allahabad High Court decision in Shaifullah v. State of U.P. The Court held that continuing the prosecution would serve no useful purpose. Consequently, the charge sheet, cognizance order and the entire criminal proceeding were quashed. The application under Section 528 BNSS was allowed.
Issues considered
- Whether a compromise between the parties can be the basis for quashing criminal proceedings for offences that are cognizable and non‑compoundable under the IPC and Dowry Prohibition Act.
- Whether Section 528 of the BNSS empowers the High Court to quash such proceedings upon a valid settlement.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 498-A, 504, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- non‑compoundable offences
- IPC
- Dowry Prohibition Act
- settlement
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37753 of 2026
Smt Renu @ Reena And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shrikant Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Shrikant Chaturvedi, 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 charge sheet dated 04.07.2024
and impugned cognizance/summoning order dated 19.09.2024 passed by
the learned Additional Chief Judicial Magistrate, Court No.10, Allahabad
as well as entire criminal proceeding of Criminal Case No. 490 of 2024
(State Vs. Renu Act, Police @Reena and others), arising out of Case
Crime No. 453 of 2023, under Sections 498-A, 323, 504, 506, 354 I.P.C.
and 3/4 D.P. Act, Police Station-Meja, District-Prayagraj, pending in the
of learned Additional Chief Judicial court Magistrate, Court No.10,
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 6.7.2026 passed in Application U/S
528 BNSS No.24713 of 2026, directed the parties to appear before the
trial court for verification of the parties and compromise application. Trial
court vide order dated 23.7.2026 verified the parties as well as
compromise application. He further submitted that applicants and
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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
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 charge sheet dated 04.07.2024 and
impugned cognizance/summoning order dated 19.09.2024 passed by the
learned Additional Chief Judicial Magistrate, Court No.10, Allahabad as
well as entire criminal proceeding of Criminal Case No. 490 of 2024
(State Vs. Renu Act, Police @Reena and others), arising out of Case
Crime No. 453 of 2023, under Sections 498-A, 323, 504, 506, 354 I.P.C.
and 3/4 D.P. Act, Police Station-Meja, District-Prayagraj are hereby
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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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