Allahabad High Court
DASHRATH UPADHYAY AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The proceedings in Criminal Case No.13521 of 2022 against the applicants are set aside as the earlier compromise verification and order in Ashu Upadhyay’s case is applicable.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the criminal proceedings (Case No.13521 of 2022) pending before the Additional Chief Judicial Magistrate, Varanasi, which arose from Crime No.337 of 2020. They relied on a prior order dated 26‑08‑2025 in the case of Ashu Upadhyay (Application under Section 482, No.16357 of 2023) where the Court, after verifying a compromise, set aside the entire proceedings against the co‑accused. The Court observed that the same compromise verification applied to the present applicants and that the opposite party had not contested the validity of the earlier compromise report. Consequently, the Court held that the proceedings against the applicants should be set aside in the same manner as in Ashu Upadhyay’s case. The application under Section 528 was therefore allowed, and the impugned order dated 10‑03‑2026 was vacated.
Issues considered
- Whether the criminal proceedings against the applicants can be quashed on the basis of a previously verified compromise and a set‑aside order in a related case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482, 528
- Indian Penal Code — s. 147, 323, 352, 354Ka, 354Kha, 452, 504, 506
Subjects
- quash of criminal proceedings
- compromise verification
- Section 528 CrPC
- Section 482 CrPC
- set‑aside order
- High Court of Allahabad
- criminal case
- application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38356 of 2026
Dashrath Upadhyay And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chhaya Gupta, Sujeet Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. for State.
2. The instant application has been preferred for quashing the entire
proceedings of Criminal Case No.13521 of 2022 (State vs. Sushil Dubey &
Others) arising out of Case Crime No.337 of 2020, under Sections 147,
354Ka, 354Kha, 352, 323, 504, 506, 452 I.P.C., Police Station Mirzamurad,
District Varanasi, pending before Additional Chief Judicial Magistrate,
Court No.8, Varanasi, including impugned order dated 10.03.2026.
3. At the very outset, learned counsel for applicants submitted that the co-
accused, namely, Ashu Upadhyay, whose role are similar and identical to the
present applicants in same case crime number, preferred an Application u/s
482 no.16357 of 2023 (Ashu Upadhyay vs. State of U.P. and Another),
wherein this Court after considering the submissions/arguments made by
learned counsel for the parties as well as the verification of compromise
entered between the parties, has set-aside the entire proceedings in respect of
applicant therein vide dated 26.08.2025 (Annexure no.17) and as such, the
entire proceedings initiated against the applicant in the same case crime
number, is also liable to be quashed by this Court on the basis of verification
of compromise.
4. It is apparent from the above-mentioned order, which has been appended
as Annexure No.17 to the instant application, that the same has already been
adjudicated after hearing in presence of learned counsel for opposite party
no.2 and as such the arguments so raised by learned counsel for opposite
party no.2 now need not to be re-verified by way of issuing notice, hence
NA528 No. 38356 of 2026
2
process of issue notice to opposite party no.2 is hereby dispensed with.
5. Although, learned A.G.A. opposed the prayer sought through instant
application but did not dispute the fact and compromise verification report in
respect of judgment and order dated 26.08.2025 passed by this Court.
6. In view of foregoing discussion and parity of the judgment and order
dated 26.08.2025 passed by this Court, which is applicable in favour of
applicant also, the entire proceedings of Criminal Case No.13521 of 2022
(State vs. Sushil Dubey & Others) arising out of Case Crime No.337 of
2020, under Sections 147, 354Ka, 354Kha, 352, 323, 504, 506, 452 I.P.C.,
Police Station Mirzamurad, District Varanasi, pending before Additional
Chief Judicial Magistrate, Court No.8, Varanasi, including impugned order
dated 10.03.2026, be also set-aside in respect of applicants herein, in the
light of judgment and order dated 26.08.2025 passed in case of Ashu
Upadhyay (supra).
7. The instant application u/s 528 BNSS stands allowed accordingly.
September 11, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
Checking your session…