Allahabad High Court
SAMEER SRIVASTAVAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that where the parties have settled their dispute, the criminal proceedings may be quashed under Section 528 of the CrPC.
Summary
The applicant, Sameer Srivastava, filed an application under Section 528 of the CrPC seeking to quash the charge sheet and cognizance order in a criminal case (crime no. 16/2023) involving offences under Sections 323, 504, 506, 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The applicant asserted that the dispute had been amicably settled and that the settlement was verified by the trial court. The opposite party (respondent No.2) admitted the compromise and raised no objection to quashing the proceedings. The High Court examined the settled nature of the dispute and relied on several Supreme Court precedents that allow quashing of criminal proceedings where parties have reached a settlement. Consequently, the Court exercised its power under Section 528 CrPC and quashed the entire proceedings against the applicant. The application was allowed.
Issues considered
- Whether criminal proceedings can be quashed under Section 528 CrPC on the basis of a settlement/compromise between the parties.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- settlement
- quash
- criminal proceedings
- Section 528 CrPC
- compromise
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40240 of 2026
Sameer Srivastava
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Srivastava
Counsel for Opposite Party(s) : G.A., Rakesh Kumar Srivastava
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Sandeep Kumar Srivastava, learned Counsel for the applicant,
Mr. Rakesh Kumar Srivastava, learned Counsel for opposite party no.2 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 this Hon'ble court may
graciously be pleased to allow the present application and quash/set-aside
the charge sheet dated 26.03.2023 and cognizance order 03.05.2023 as well
as entire proceedings arises out of case crime no. 16/2023 under Section
323, 504, 506, 498 A,, 506 I.P.C. and 3/4 Dowry Prohibition Act at Police
Station-Mahila Thana, District- Basti."
3. Learned Counsel for the applicant 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 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.
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
NA528 No. 40240 of 2026
2
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. Upon perusal of the records and the law laid down by the Apex Court on
the subject, this is a fit case for exercising powers of this Court to quash the
proceedings, as prayed for by the applicant.
8. The entire proceedings of the aforesaid case, insofar as the present to the
present applicant, are hereby quashed.
9. The present application is allowed.
September 29, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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