Allahabad High Court
NARAYAN DATT TRIPATHI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that where the parties have settled their dispute and the compromise is verified, the criminal proceedings may be quashed.
Summary
The applicants filed an application under Section 528 BNSS seeking to quash criminal proceedings (Case No. 115174 of 2023) arising from offences under IPC sections 498-A, 323, 504, 506 and Dowry Prohibition Act sections 3 and 4. The parties had entered into a compromise on 11‑08‑2026, which was verified by the trial court on 20‑08‑2026. The State’s Additional Government Advocate admitted the compromise and raised no objection to quashing. Relying on a line of Supreme Court decisions that allow dismissal of criminal cases where the parties have settled their dispute, the High Court held that the proceedings could be set aside. Consequently, the entire criminal proceeding was quashed and the application was allowed.
Issues considered
- Whether a criminal case can be quashed on the basis of a compromise/settlement between the parties under Section 528 BNSS.
- Whether the High Court has jurisdiction to quash the proceedings after verification of the compromise.
Legislation cited
- BNSS — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- Dowry Prohibition Act
- IPC 498A
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39975 of 2026
Narayan Datt Tripathi And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhakar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Sudhakar 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 graciously be
pleased to allow the present criminal misc. application and to quash the entire
proceeding of Case No. 115174 of 2023 (State Vs. Narayan Datt Tripathi and others)
arising out of Case Crime No. 870 of 2022, Under Section 498-A, 323, 504, 506 I.P.C.
and Section 3/4 of Dowry Prohibition Act, Police Station Naubasta, District Kanpur
Nagar as well as impugned charge sheet dated 12.05.2023 and impugned
cognizance/summoning order dated 10.07.2023 passed by the learned Special Chief
Judicial Magistrate Kanpur Nagar, on the basis of compromise dated 11.08.2026."
3. Learned Counsel for the applicants has submitted that the applicants and
opposite party No.2 have compromised the dispute. The matter was sent for
verification of compromise on 20.08.2026 in Application U/S 528 BNSS
No. 34903 of 2026 before the Court concerned. It is further argued that the
said compromise has been verified by the concerned Trial Court, which is
annexed as Annexure 5 of this application, 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 in to
NA528 No. 39975 of 2026
2
compromise and have settled their dispute amicably.
6. The law with regards to quashing of a case on the basis of settlement
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 are hereby quashed.
9. The present application is allowed.
September 21, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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