Allahabad High Court

SATYAVEER AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 29 September 2026
Bench: DEEPAK VERMA

Holding

The Court held that the compromise is permissible under Section 528 CrPC even for cognizable and non‑compoundable offences and therefore quashed the proceeding.

Summary

The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash Complaint No. 787 of 2023, which alleged offences under Sections 392, 323, 452 and 504 of the Indian Penal Code. They asserted that they had reached an out‑of‑court compromise with the second opposite party, who no longer wished to pursue the case. The trial court verified the compromise and the High Court examined Supreme Court precedents that permit compromise even in cognizable and non‑compoundable offences. Concluding that continuing the prosecution would serve no useful purpose, the Court quashed the entire criminal proceeding. Accordingly, the application under Section 528 was allowed.

Issues considered

Whether a compromise under Section 528 CrPC is permissible for the cognizable and non‑compoundable offences alleged in the complaint.
Whether the High Court may quash pending criminal proceedings on the basis of an out‑of‑court compromise.

Legislation cited

Code of Criminal Procedure — s. 528
Indian Penal Code — s. 323, 392, 452, 504

Subjects

Compromise
Section 528 CrPC
Non‑compoundable offences
Quash of criminal proceeding
IPC offences
High Court judgment

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41871 of 2026

Satyaveer And 7 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Manish Kumar Singh, Nishant Kumar
Singh, Ramanand
Counsel for Opposite Party(s) : G.A.

Court No. - 74
HON'BLE DEEPAK VERMA, J.

1. Heard learned counsel for the applicants, learned counsel for the informant, and
learned A.G.A. for the State.

2. The present 528 BNSS application has been filed to quash the entire proceeding of
Complaint No. 787 of 2023 (State Vs. Nazeem Vs Satyaveer and others), Under
Sections 392, 323, 452, 504 I.P.C. Police Station Balaini, District Baghpat on the basis
of compromise dated-30.01.2025, pending before the Additional Civil Judge, Senior
Division (S.D.), Baghpat.

3. Learned counsel for the applicants submitted that applicants and opposite party no.2
have amicably settled their dispute out of the Court. Applicants approached this
Hon'ble Court by filing Application U/s 528 BNSS bearing No.10755 of 2026 with
prayer to quash the proceedings on terms of compromise entered between the parties,
the Hon'ble Court vide order dated 18.03.2026 sent the matter to trial court for
verification of the parties and compromise application. Trial court vide order dated
18.04.2026 identified and verified the parties through their counsel as well as
compromise application, the same has been annexed as Annexure 5 to the affidavit.
He further submitted that applicants and opposite party no.2 compromised the matter
and opposite party No.2 does not want to proceed the matter against the applicants. He
further submitted that applicants and opposite party no.2 have settled through
compromise their private and civil dispute and as such opposite party no.2 does not
wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to
withdraw the prosecution of the applicants and in view of the compromise, no fruitful
purpose would be served if the prosecution is allowed to go on.

4. Learned AGA submitted that both the parties have settled their dispute out of the
Court, hence, no reason to proceed further.

5. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of
Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat
(2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of
M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has
NA528 No. 41871 of 2026
2

categorically held that compromise can be made between the parties even in respect of
certain cognizable and non-compoundable offences. Reference may also be made to
the decision given by this Court in Shaifullah and others Vs. State of U.P. and
another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court
in the aforesaid cases has been explained in detail.

6. Considering the facts and circumstances of the case, as noted herein above, and also
the submissions made by learned counsel for the parties, this Court is of the
considered opinion that no useful purpose would be served by prolonging the
proceedings of the above mentioned case.

7. Accordingly, the impugned entire proceeding of Complaint No. 787 of 2023 (State
Vs. Nazeem Vs Satyaveer and others), Under Sections 392, 323, 452, 504 I.P.C.
Police Station Balaini, District Baghpat, pending before the Additional Civil Judge,
Senior Division (S.D.), Baghpat, is hereby quashed.

8. This application under Section 528 BNSS is accordingly allowed.

(Deepak Verma,J.)
September 30, 2026
Nitin Verma

Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad

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