Allahabad High Court
RAVI SAMAURIA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that the parties’ compromise justifies quashing the charge sheet and all related proceedings.
Summary
The applicants, Ravi Samauria and two others, were charged under IPC sections 498‑A, 323, 504, 506 and the Dowry Prohibition Act in a case pending before the Chief Judicial Magistrate, Agra. They settled the dispute out of court and filed an application under Section 528 of the B.N.S.S. Act seeking to quash the charge sheet dated 03‑03‑2023, the cognizance order dated 01‑07‑2023, and the entire proceedings. The State and the second opposite party consented to the compromise and supported the application. The court examined Supreme Court precedents that allow compromise even in certain cognizable and non‑compoundable offences. Finding no useful purpose in continuing the prosecution, the court quashed the charge sheet and allowed the application. The order was pronounced on 17‑September‑2026.
Issues considered
- Whether a compromise between parties can be permitted to quash proceedings in cognizable and non‑compoundable offences under the IPC and Dowry Prohibition Act.
- Whether an application under Section 528 of the B.N.S.S. Act is maintainable to set aside a charge sheet and cognizance order on the basis of settlement.
Legislation cited
- B.N.S.S. Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- compromise
- quash of charge sheet
- non‑compoundable offence
- Section 528 B.N.S.S. Act
- IPC
- Dowry Prohibition Act
- settlement
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39539 of 2026
Ravi Samauria And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Sri Akash Kumar Sharma, Advocate has filed Vakalatnama on behalf of
opposite party no. 2 today, which is taken on record.
2. Heard Sri Ashutosh Pandey, learned counsel for the applicants, Sri Jyoti
Kumar Singh, learned A.G.A. for the State, Sri Akash Kumar Sharma,
learned counsel for the opposite party no. 2 and perused the record.
3. The present application under Section 528 B.N.S.S. has been filed with
the prayer to quash the impugned Charge Sheet dated 03.03.2023 as well as
cognizance/summoning order dated 01.07.2023 and entire proceedings of
Case No. 21949 of 2023 (State of U.P. Versus Ravi Samauria and others),
arising out of Case Crime No. 531 of 2022, under Sections 498-A, 323, 504,
506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station New Agra, District
Agra, pending before the Court of Chief Judicial Magistrate, Agra on the
basis of compromise.
4. Learned counsel for the applicants submitted that applicants and opposite
party no.2 have amicably settled their dispute out of the Court. Applicants
approached this Court by filing Application under Section 528 BNSS
No.32913 of 2026 with prayer to quash the proceedings in terms of
compromise entered between the parties and this Court vide order dated
11.08.2026 directed the parties to appear before the trial court for
verification of the parties and compromise application. Trial court vide order
dated 25.08.2026 verified the parties as well as compromise application. He
further submitted that applicants and opposite party no.2 have settled their
dispute through compromise and, as such, opposite party no.2 does not wish
to press the aforesaid case against the applicants. Opposite party no.2 is
ready to withdraw the prosecution of the applicants and in view of the
NA528 No. 39539 of 2026
2
compromise, no fruitful purpose would be served if the prosecution is
allowed to go on.
5. Learned counsel for the opposite party no. 2 and learned A.G.A.
submitted that both the parties have settled their dispute out of the court,
hence, no reason to proceed further.
6. 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.
7. 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.
8. Accordingly, impugned Charge Sheet dated 03.03.2023 as well as
cognizance/summoning order dated 01.07.2023 and entire proceedings of
Case No. 21949 of 2023 (State of U.P. Versus Ravi Samauria and others),
arising out of Case Crime No. 531 of 2022, under Sections 498-A, 323, 504,
506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station New Agra, District
Agra, pending before the Court of Chief Judicial Magistrate, Agra, are
hereby quashed in terms of compromise.
9. This application under Section 528 B.N.S.S. is accordingly allowed.
September 17, 2026
Rmk.
(Chawan Prakash,J.)
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
Checking your session…