Created by Fuzzy Cloud

Allahabad High Court

ZUBAIR ALI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that, despite the offences being non‑compoundable, the genuine compromise and lack of serious societal impact justify quashing the criminal proceedings.

Summary

The applicants filed an application under Section 528 of the CrPC seeking to quash Criminal Case No. 3185 of 2023, which involved charges under sections 323, 352, 504, 506, 427, 365, 324 and 308 of the IPC. The parties had reached an amicable compromise, which was verified by the Additional Chief Judicial Magistrate on 29‑04‑2024. Both sides, through their counsel, submitted that the settlement would cause no harm and that continuing the prosecution would be futile. The High Court relied on Supreme Court precedents (Gian Singh v. State of Punjab, Madhavrao Scindia v. Angre, and H.N. Pandakumar v. State of Karnataka) that allow quashing of non‑compoundable offences where a genuine settlement exists and there is no serious impact on society. Accordingly, the Court quashed the entire criminal proceeding and allowed the application.

Issues considered

  • Can criminal proceedings for non‑compoundable offences be quashed on the basis of a compromise/settlement between the offender and the victim?

Legislation cited

Subjects

  • quash
  • compromise
  • non‑compoundable offences
  • Section 528 CrPC
  • settlement
  • criminal proceedings
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 38674 of 2026

Zubair Ali And 2 Others
                                                              .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                       :   Kunwar Abhishek
Counsel for Opposite Party(s)                  :   G.A.

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.

1. On the request of learned counsel for applicants, this matter is being taken
up out of turn considering the urgency.

2. Heard learned counsel for the applicants and learned AGA for State.

3. The present application has been filed to quash the entire proceedings of
Criminal Case No.3185 of 2023 (State vs. Zubair Ali and Others) arising out
of Case Crime No.344 of 2023, under sections 323, 352, 504, 506, 427, 365,
324, 308 IPC, P.S. Masuri, District- Ghaziabad, pending before learned court
of Additional Chief Judicial Magistrate-IV, Ghaziabad, including charge-
sheet dated 07.09.2023 and cognizance/summoning order dated 06.10.2023.

4. At the very outset, learned counsel for applicants submitted that
compromise has already been preferred and the same has also been verified
by learned Additional Chief Judicial Magistrate/ Additional Civil Judge
(SD), Ghaziabad on dated 29.04.2024, the said verification order has been
appended at page no.44 of the instant application, this fact has also been
ascertained and seconded by learned AGA.

5. The parties have amicably settled their dispute and fact of compromise
has been confirmed and admitted by learned AGA and jointly submitted that
there would be no harm and error and would be in the interest of justice that
the proceedings may be quashed in light of the compromise.

6. A three-Judge Bench of the Supreme Court in Gian Singh v. State of
Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said
judgment that where the High Court quashes a criminal proceeding having
                                                                                            NA528 No. 38674 of 2026
                                                                    2


                                    regard to the fact that the dispute between the offender and the victim has
                                    been settled although the offences are not compoundable, it does so as in its
                                    opinion, continuation of criminal proceedings will be an exercise in futility
                                    and justice in the case demands that the dispute between the parties is put to
                                    an end and peace is resorted; securing the ends of justice being the ultimate
                                    guiding factor.

                                    7. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao
                                    Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has
                                    also observed that where matters are also of civil nature i.e. matrimonial,
                                    family disputes, etc. the Court may consider "special facts", "special feature"
                                    and quash the criminal proceeding to encourage genuine settlement of
                                    disputes between the parties.

                                    8. In the case of H.N. Pandakumar Vs. State of Karnataka [2025 INSC
                                    37], Hon'ble the Apex Court has also observed that if the offence is non-
                                    compoundable which is having no serious impact on society then there
                                    would be no harm and error if the proceedings may be quashed in light of
                                    the compromise entered into between the parties.

                                    9. Keeping in mind the position of law and facts, circumstances of the
                                    case, the entire proceedings of Criminal Case No.3185 of 2023 (State vs.
                                    Zubair Ali and Others) arising out of Case Crime No.344 of 2023, under
                                    sections 323, 352, 504, 506, 427, 365, 324, 308 IPC, P.S. Masuri, District-
                                    Ghaziabad, pending before learned court of Additional Chief Judicial
                                    Magistrate-IV, Ghaziabad, including charge-sheet dated 07.09.2023 and
                                    cognizance/summoning order dated 06.10.2023, are hereby quashed.

                                    10. Accordingly, the present application stands allowed.

                                    11. This order is being passed by this Court after hearing the contesting
                                    parties. If at all, informant/opposite party no.2 feels that he/she has been
                                    duped or betrayed, then in that event, he/she may file recall application
                                    explaining the reasons for filing the said application.

                                    September 21, 2026
                                    Saif
                                                                                         (Saurabh Srivastava,J.)




Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.