Allahabad High Court
MOHAMMAD IMRAN @ HAZI SAIKHUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
Criminal proceedings may be quashed under Section 528 CrPC when the parties have settled their dispute through a verified compromise.
Summary
The applicant, Mohammad Imran, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet and cognizance order in a criminal case filed under Sections 498A, 323, 506 IPC and the Muslim Women (Protection of Rights on Marriage) Act, 2019. The applicant asserted that he and the second opposite party had reached a compromise dated 15‑06‑2026, which was verified by the trial court on 05‑08‑2026. The opposite party admitted the compromise and raised no objection to quashing the proceedings. The court examined the settled facts and relied on established Supreme Court jurisprudence that criminal matters can be dismissed when the parties have amicably resolved their dispute. Accordingly, the court exercised its power under Section 528 CrPC and quashed the entire proceedings against the applicant, allowing the application.
Issues considered
- The applicability of Section 528 CrPC to quash criminal proceedings on the basis of a compromise between the parties
- The effect of a settlement on pending charges under Sections 498A, 323, 506 IPC and the Muslim Women (Protection of Rights on Marriage) Act, 2019
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 498A, 506
- Muslim Women (Protection of Rights on Marriage) Act, 2019
Subjects
- Section 528 CrPC
- settlement
- quash of criminal case
- compromise
- 498A IPC
- Muslim Women Act
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40069 of 2026
Mohammad Imran @ Hazi Saikhu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Padmaker Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Sagar Shakya, learned Counsel holding brief of Mr.
Padmaker Pandey, learned Counsel for the applicant and learned AGA for
the State and perused the records.
2. The present application under Section 528 BNSS has been filed by the
applicant with the following prayer:
"It is therefore most respectfully prayed that the Hon'ble Court may
graciously be pleased to quash the Charge sheet dated 21.05.2024
alongwith cognizance order dated 26.07.2024 passed by Additional Civil
Judge J.D.-10 Kanpur Nagar as well as proceeding of the Case No.72040
of 2024 (arising out of Case Crime No.049 of 2024), State of U.P. Vs.
Mohd. Imran @ Hazi Shaikhu and others, under section 498A, 323, 506
IPC and 4 Muslim Women (Protection of Rights on Marriage) Act 2019,
Police Station Chamanganj District Kanpur Nagar on the basis of
compromise dated 15.06.2026 alongwith verification order dated
05.08.2026 pending in the court of A.C.J.M.-03 Kanpur Nagar."
3. Learned Counsel for the applicant has submitted that the applicant 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 applicant 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
aforesaid case is quashed against the applicant.
NA528 No. 40069 of 2026
2
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
applicant.
8. The entire proceedings of the aforesaid case with regard to the present
applicant 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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