Allahabad High Court

RAKESH FAUJI AND 4 OTHERSversusSTATE OF U.P. AND 4 OTHERS

Decided: 5 May 2026
Bench: SANJIV KUMAR

Holding

The court held that, upon verification of a genuine compromise, the criminal proceedings may be quashed under its inherent powers pursuant to Section 528 of the BNSS.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash Criminal Case No. 8022 of 2021, which involved offences under Sections 147, 148, 149, 323, 504 and 506 IPC. The parties had entered into a compromise, which was verified by the trial court on 20‑12‑2025. The State’s Additional Government Advocate conceded that the compromise was genuine. Relying on the Supreme Court’s decisions in Gian Singh v. State of Punjab, B.S. Joshi v. State of Haryana and Narinder Singh v. State of Punjab, the High Court held that its inherent power may be exercised to end criminal proceedings where a settlement has been effected. Since the dispute was private and the parties no longer wished to pursue the case, the court allowed the application and quashed the entire criminal proceeding, including the cognizance order and charge‑sheet.

Issues considered

Whether a criminal proceeding can be quashed under Section 528 of the BNSS on the basis of a verified compromise between the parties
Whether the court’s inherent powers may be invoked to terminate proceedings in a private dispute involving IPC offences

Legislation cited

BNSS — s. 528
Indian Penal Code — s. 147, 148, 149, 323, 504, 506

Subjects

compromise
criminal procedure
quash of criminal case
inherent power of court
Section 528 BNSS
IPC offences
private dispute

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38283 of 2025

Rakesh Fauji And 4 Others
.....Applicant(s)
Versus

State Of U.P. And 4 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Monika Pal
Counsel for Opposite Party(s) : Satya Narayan Yadav, G.A.

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

1. Supplementary affidavit, filed by learned counsel for the applicants, is
taken on record.

2. Heard Ms. Archana Mishra, advocate holding brief of Ms. Monika Pal,
learned counsel for the applicants, learned A.G.A. for the State of U.P.,
Shri Vinod Kr. Patel, advocate holding brief of Shri Satya Narayan
Yadav, learned counsel for the opposite party nos. 2 to 5 and perused the
record.

3. This application under Section 528 of BNSS has been filed for
quashing the entire proceeding of Criminal Case No. 8022 of 2021,
arising out Case Crime No. 47 of 2020, under Sections 147, 148, 149,
323, 504, 506 IPC, P.S. Matsaina, District Firozabad, as well as the
cognizance order dated 24.11.2021 and charge sheet dated 13.3.2020.

4. Learned counsel for the applicant and opposite party No.2 have jointly
submitted that the parties have entered into compromise and vide order
dated 11.11.2025, a direction was given to the learned Trial Court to
verify the factum of compromise executed by the parties. In pursuance of
the aforesaid order, learned Trial Court has verified the contents of
compromise vide order dated 20.12.2025. Certified copy of the
verification order along with the verified compromise has been annexed
with the supplementary affidavit, filed today.

5. Learned A.G.A. has fairly conceded that compromise has been effected
NA528 No. 38283 of 2025
2

between the parties and the same has duly been verified by the court
below.

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
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 proceeding of Criminal Case No. 8022 of 2021, arising out Case
Crime No. 47 of 2020, under Sections 147, 148, 149, 323, 504, 506 IPC,
P.S. Matsaina, District Firozabad, as well as the cognizance order dated
24.11.2021 and charge sheet dated 13.3.2020, are hereby quashed.

(Sanjiv Kumar,J.)
May 6, 2026
Vandana

Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad

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