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Allahabad High Court

HARENDRA BAHADUR SINGH @ VIKASH SINGH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that where the parties have settled their dispute by compromise, the criminal proceedings may be quashed under Section 528 of the BNSS.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to set aside the order dated 14‑10‑2024 of the Fast Track Court, Basti, which had instituted criminal proceedings (Criminal Case No. 402 of 2024) under IPC sections 498A, 323, 506 and the Dowry Prohibition Act. The applicants claimed that the dispute had been amicably resolved through a compromise, which was also acknowledged by the State’s learned Additional Government Advocate. The High Court examined the settled nature of the dispute and relied on a line of Supreme Court authority that permits quashing of criminal proceedings where the parties have reached a settlement. Accordingly, the Court held that the proceedings against the applicants could be dismissed and ordered the entire case to be quashed. The application was allowed and the criminal case was set aside.

Issues considered

  • Whether a criminal proceeding under IPC sections 498A, 323, 506 and the Dowry Prohibition Act can be quashed on the basis of a compromise between the parties under Section 528 of the BNSS.
  • Whether the compromise, once verified by the trial court, is sufficient to bar further prosecution.

Legislation cited

Subjects

  • compromise
  • quash of criminal proceedings
  • Section 528 BNSS
  • IPC 498A
  • Dowry Prohibition Act
  • settlement
  • High Court of Allahabad

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 39116 of 2026

Harendra Bahadur Singh @ Vikash Singh And 3
Others                                                            .....Applicant(s)
                                        Versus
State Of U.P. And Another
                                                                     .....Opposite
                                                                           Party(s)

Counsel for Applicant(s)            :    Anjali Shukla, Gaurav Kumar Shukla
Counsel for Opposite Party(s)       :    G.A.

Court No. - 83
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard Mr. Gaurav Kumar Shukla, learned Counsel for the applicants and
learned AGA for the State and perused the records.

2. The present application under Section 528 BNSS has been filed by the
applicants with the following prayer:

"It is, therefore most respectfully prayed that this Hon'ble Court may kindly be
pleased to set aside impugned order dated 14.10.2024 passed by Learned Judicial
Magistrate/ Fast Track Court (Crime Against Women), Basti and quash the entire
proceeding of Criminal Case No. 402 of 2024 (State versus Harendra Bahadur Singh
@ Vikash Singh and others), Under Section 498A, 323, 506 I.P.C. and 3/4 Dowry
Prohibition Act, P.S. Mahila Thana, District Basti pending in court of Learned
Judicial Magistrate./ Fast Track Court (Crime Against Women), Basti in pursuance of
charge sheet dated 29.06.2024 arising out of case crime no 36 of 2024, in view of
compromise entered between parties."

3. Learned Counsel for the applicants has submitted that the applicants and
opposite party no.2 have compromised the dispute. It is further argued that
the said compromise has also been verified by the concerned Trial Court, as
such the proceedings against the applicants may be quashed.

4. Learned A.G.A. admitted the fact of compromise and stated that he has no
objection if the proceeding of the aforesaid case is quashed against the
applicants.

5. From the perusal of the record it is apparent that parties have entered into
compromise and have settled their dispute amicably.

6. The law with regards to quashing of a case on the basis of settlement
                                                                                          NA528 No. 39116 of 2026
                                                                    2

                                    arrived between the parties, is well settled. The Apex Court in the cases of
                                    (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
                                    SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
                                    (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
                                    SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
                                    Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278
                                    and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and
                                    others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that
                                    the cases in which the parties have settled their grievances can be quashed.

                                    7. From perusal of the records and the law laid down by the Apex Court on
                                    the subject matter, the present case is a good case for exercising powers by
                                    this Court to quash the proceedings as prayed for by the applicants.

                                    8. The entire proceedings of the aforesaid case with regard to the present
                                    applicants are hereby quashed.

                                    9. The present application is allowed.


                                    September 16, 2026
                                    Vijay
                                                                                         (Chawan Prakash,J.)




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

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