Allahabad High Court
SMT. MRIDULATAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that the proceedings against parties 2 to 5 are quashed as the dispute has been amicably settled.
Summary
The applicant, Smt. Mridulata, filed an application under Section 528 of the BNSS seeking to quash criminal proceedings pending against parties 2 to 5 in a case involving offences under Sections 498‑A, 504, 354 IPC and Sections 3/4 of the Dowry Prohibition Act. The applicant asserted that a compromise dated 31‑08‑2026 had been reached and was verified by the trial court. The State’s counsel admitted the compromise and raised no objection to quashing the proceedings against the said parties. Relying on Supreme Court precedents that allow dismissal of cases where the parties have settled their disputes, the High Court exercised its power to quash the proceedings. Consequently, the entire proceedings against parties 2 to 5 were ordered to be quashed and the application was allowed.
Issues considered
- Can criminal proceedings be quashed on the basis of a compromise/settlement between the parties under Section 528 BNSS?
- Does the High Court have jurisdiction to quash the specific charges against parties 2 to 5 while leaving other aspects of the case untouched?
Legislation cited
- BNSS — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 354, 498-A, 504
Subjects
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- settlement
- High Court of Allahabad
- women's offences
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41063 of 2026
Smt. Mridulata
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Prakash Patel
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Ram Prakash Patel, 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 this Hon'ble Court may
graciously be pleased to quash the entire proceeding on the basis of
compromise dated 31.08.2026 in Case No. 34 of 2023 (State Vs. Ravikant
and others) and summoning order dated 25.01.2023 in Case Crime No.
91 of 2022, under Sections 498-A, 504, 354 I.P.C. and 3/4 D.P. Act,
Police Station Mahila Thana, District Prayagraj, pending in the Court of
Civil Judge (Junior Division)/ F.T.C. (Crime against Women) Court
No.21, Pragyagraj."
3. Learned Counsel for the applicant has submitted that the applicant and
opposite party nos. 2 to 5 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 opposite party nos. 2 to 5
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
opposite party nos. 2 to 5.
5. From the perusal of the record it is apparent that parties have entered
NA528 No. 41063 of 2026
2
into compromise and have settled their dispute amicably.
5. 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.
6. 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.
7. The entire proceedings of the aforesaid case, insofar as the present to the
opposite party nos. 2 to 5, are hereby quashed.
8. The present application is allowed.
(Chawan Prakash,J.)
September 24, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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