Allahabad High Court

VINAY AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 19 April 2026
Bench: CHAWAN PRAKASH

Holding

The High Court held that, given the verified compromise and lack of any useful purpose in continuation, the criminal proceedings and charge‑sheet must be quashed.

Summary

The applicants filed a Section 528 B.N.S.S. application seeking to quash Criminal Case No. 337 of 2022 and the charge‑sheet dated 19‑Jan‑2019, which arose from offences under Sections 323, 504 and 506 IPC. The applicants and the second opposite party asserted that they had amicably settled the dispute and the victim was ready to withdraw the prosecution. The trial court verified the compromise and the High Court, after noting Supreme Court precedents allowing compromise even for cognizable and non‑compoundable offences, held that continuing the proceedings would serve no useful purpose. Consequently, the court quashed the criminal proceedings and the charge‑sheet. The application under Section 528 was allowed.

Issues considered

Whether criminal proceedings for offences under Sections 323, 504 and 506 IPC can be quashed on the basis of a compromise between the parties under Section 528 CrPC.
Whether the Supreme Court’s rulings permitting compromise in certain cognizable and non‑compoundable offences apply to the present case.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 323, 504, 506

Subjects

compromise
quash of criminal proceedings
Section 528 CrPC
non‑compoundable offences
settlement
charge‑sheet

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39045 of 2025

Vinay And 3 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Yogesh Tiwari
Counsel for Opposite Party(s) : G.A., Ved Prakash Mishra

Court No. - 79
HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Yogesh Tiwari, learned counsel for the applicants and
learned A.G.A. for the State.

2. The present 528 BNSS application has been filed to quash the entire
proceeding of Crl. Case No.337 of 2022 (State vs. Vinay and others)
arising out of Case Crime No.0451 of 2019 under Sections 323, 504 506
I.P.C., Police Station Badlapur, District Jaunpur pending in the court of
Additional Chief Judicial Magistrate 4th, Jaunpur and also to quash the
charge sheet dated 19.1.2019.

3. Learned counsel for the applicants submitted that applicants and
opposite party no.2 have amicably settled their dispute out of the Court.
Applicant approached this Hon'ble Court by filing this 528 BNSS
application with prayer to quash the proceedings on terms of compromise
entered between the parties, this Court vide order dated 4.2.2026 directed
the parties to appear before the trial court for verification of the parties
and compromise application. Trial court vide order dated 25.3.2026
verified the parties as well as compromise application. He further
submitted that applicant and opposite party no.2 compromised the matter
and opposite party No.2 does not want to proceed the matter against the
applicant. He further submitted that applicant 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 applicant.
Opposite party no.2 is ready to withdraw the prosecution of the applicant
and in view of the compromise, no fruitful purpose would be served if the
NA528 No. 39045 of 2025
2

prosecution is allowed to go on.

4. Learned AGA submitted that both the parties have settled their dispute
out of the court, hence, no reason to proceed further.

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 Crl. Case No.337 of 2022 (State vs.
Vinay and others) arising out of Case Crime No.0451 of 2019 under
Sections 323, 504 506 I.P.C., Police Station Badlapur, District Jaunpur
pending in the court of Additional Chief Judicial Magistrate 4th, Jaunpur
and also to quash the charge sheet dated 19.1.2019 is hereby quashed.

8. This application under Section 528 B.N.S.S. is accordingly allowed.

(Chawan Prakash,J.)
April 20, 2026
Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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