Allahabad High Court

SANTOSH KUMARversusSTATE OF U.P. AND ANOTHER

Decided: 1 April 2026
Bench: SANJIV KUMAR

Holding

The court held that, given the verified compromise and the private nature of the dispute, the criminal proceedings were quashed under its inherent powers.

Summary

The applicant filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Case Crime No.248 of 2021) instituted under IPC sections 323, 504 and 506. The trial court, on a direction dated 02.02.2026, verified that the parties had reached a compromise, which was recorded in a report dated 16.02.2026. Both the applicant’s counsel and the opposite party’s counsel, including the A.G.A., conceded that the compromise was genuine. Relying on the Supreme Court’s decisions that allow the exercise of inherent powers to achieve substantial justice, the High Court held that the dispute was private, had no wider social impact, and therefore the criminal proceedings served no useful purpose. Consequently, the application was allowed and the entire criminal proceedings, charge‑sheet and cognizance order were quashed.

Issues considered

Whether criminal proceedings under IPC sections 323, 504 and 506 can be quashed under Section 528 of the BNSS when a verified compromise between the parties exists.

Legislation cited

Bihar Negotiable Settlement Scheme — s. 528
Indian Penal Code — s. 323, 504, 506

Subjects

compromise
quash criminal proceedings
inherent jurisdiction
Section 528 BNSS
IPC sections 323 504 506
private dispute
settlement

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37776 of 2025

Santosh Kumar
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Santosh Kr. Singh Paliwal
Counsel for Opposite Party(s) : G.A., Suresh Bahadur Singh

Court No. - 83
HON'BLE SANJIV KUMAR, J.

1. Supplementary affidavit filed on behalf of the applicant is taken on
record.

2. Heard Sri Santosh Kr. Singh Paliwal, learned Counsel for the applicant,
learned A.G.A. for the State, Sri Divyanshu Upadhyay, Advocate holding
brief of Sri Suresh Bahadur Singh, learned Counsel for the opposite party
no. 2 and perused the record.

3. This application under Section 528 of BNSS has been filed for
quashing the entire proceedings of Case Crime No.248 of 2021, under
Section 323, 504 and 506 I.P.C., Police Station Sarai Inayat, District
Prayagraj as well as charge-sheet dated 23.07.2021 and cognizance order
dated 29.01.2022.

4. Learned Counsel for the applicants as well as opposite party No.2
jointly submitted that vide order dated 02.02.2026 a direction was given
to the Trial Court to verify the factum of compromise executed by the
parties. In pursuance of the aforesaid order, the parties have verified the
compromise as informed by the Trial Court vide report dated 16.02.2026.

5. 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 16.02.2026.
NA528 No. 37776 of 2025
2

6. 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.

7. 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
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.

8. 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.

9. For the discussions made above, the present application is allowed
and entire proceedings of Case Crime No.248 of 2021, under Section 323,
504 and 506 I.P.C., Police Station Sarai Inayat, District Prayagraj as well
as charge-sheet dated 23.07.2021 and cognizance order dated
29.01.2022 are hereby quashed.

(Sanjiv Kumar,J.)
April 2, 2026
Amit

Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad

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