Allahabad High Court
NITISH HITAISHI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that where a verified compromise exists between the parties, the criminal proceedings may be quashed.
Summary
The applicants filed an application under Section 528 of the B.N.S. Act seeking to quash the cognizance, charge sheet and all proceedings in State v. Nitish Hitaishi (Case No. 25014/2024) on the ground that they had reached a compromise with the opposite party, which was verified by the trial court. The opposite party No.2 admitted the compromise and raised no objection to the quashing. The Court examined the settled law that criminal cases may be dismissed where the parties have amicably settled their dispute, citing several Supreme Court decisions. Relying on those precedents, the Court held that the compromise justified setting aside the criminal proceedings. Consequently, the entire proceedings against the applicants were 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 of the B.N.S. Act.
- Whether the cognizance and charge sheet may be set aside after a verified compromise.
Legislation cited
- B.N.S. Act — s. 109, 115, 352, 528, 85
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528
- B.N.S. Act
- High Court
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39995 of 2026
Nitish Hitaishi And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Amrendra Singh, learned Counsel for the applicants, Mr.
Vinayak Pandey, learned Counsel, who has filed his vakalatnama in Court
today on behalf of opposite party no.2, and learned AGA for the State and
perused the records. The said vakalatnama is taken on record.
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 quash the impugned cognizance and Summoning
Order dated 20.12.2024, Charge Sheet dated 28.08.2024 as well as entire
proceedings of Case No.25014/2024 (State Vs. Nitish others) arising out
of Case Crime No.146 of 2024, under Sections 85, 109, 115(2), 352
B.N.S., Police Station-Barhan, District-Agra, pending in the Court of
A.C.J.M. Room No.2, Agra, in lieu of the compromise entered between the
parties, during the pendency of the present application before this
Hon'ble Court."
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 counsel for opposite party no.2 admitted the fact of
compromise and stated that he has no objection if the proceeding of the
NA528 No. 39995 of 2026
2
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
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.
(Chawan Prakash,J.)
September 21, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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