Allahabad High Court
SATYAVEER AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that where the parties have settled their dispute, the criminal proceedings may be quashed under Section 528 of the B.N.S.S.
Summary
The applicants, Satyaveer and others, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet dated 07‑09‑2012 and all proceedings in Sessions Case No. 149 of 2024, alleging that they had reached a compromise with the State, which was verified by the trial court. The State’s Additional Government Advocate admitted the compromise and raised no objection to quashing the case. The High Court examined the settled facts and relied on the settled Supreme Court jurisprudence that criminal matters can be dismissed when the parties have amicably settled their dispute. Accordingly, the Court exercised its power under Section 528 B.N.S.S. and ordered the entire proceedings against the applicants to be quashed. The application was allowed.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 of the B.N.S.S. on the ground of a compromise/settlement between the parties.
- Whether the High Court has jurisdiction to set aside the charge sheet and proceedings after the magistrate had taken cognizance.
Legislation cited
- B.N.S.S. — s. 528
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528
- High Court
- criminal law
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40767 of 2026
Satyaveer And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Satya Prakash Singh, 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 application under section 528 of B.N.S.S. and quash the
charge sheet dated 07.09.2012 as well as entire proceedings of Sessions Case No. 149
of 2024 State Versus Satyaveer and others arising out of Case Crime No. 1890 of
2011, Section 323, 504, 506, 498-A I.P.C. and Section 3/4 of D.P. Act, Police Station-
Indirapuram, District-Ghaziabad and also quash the order dated 26.02.2013, whereby
the learned Magistrate took cognizance upon the aforesaid charge sheet and
summoned the applicants pending in the 8th Additional Chief Judicial Magistrate,
Ghaziabad on the basis of compromise/ settlement between the parties on 04.10.2025
which is dully verified by learned Trial Court vide order dated 10.06.2026."
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 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 into
compromise and have settled their dispute amicably.
NA528 No. 40767 of 2026
2
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.
September 23, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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