Allahabad High Court
NAYAMUDDINversusSTATE 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 CrPC.
Summary
The applicant, Nayamuddin, filed a criminal miscellaneous application under Section 528 of the CrPC seeking to quash the charge‑sheet and proceedings in a case pending under Sections 363 and 366 IPC. The applicant and the second opposite party had reached a compromise, which was acknowledged by both counsel and the trial court. The respondent State did not object to the quash. The High Court examined the settled law that criminal cases may be quashed when the parties have settled their dispute, citing several Supreme Court decisions. Applying this principle, the Court held that the proceedings could be dismissed. Consequently, the entire proceedings were quashed and the application was allowed.
Issues considered
- Whether criminal proceedings under Sections 363 and 366 IPC can be quashed on the ground of compromise between the parties under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528 CrPC
- criminal miscellaneous application
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41872 of 2025
Nayamuddin
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Prakash Srivastava
Counsel for Opposite Party(s) : Pradeep Kumar Tiwari, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Ravindra Prakash Srivastava, learned Counsel for the
applicant, Mr. Rajit Ram, learned Counsel holding brief of Mr. Pradeep
Kumar Tiwari, learned Counsel for the 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 be
pleased to allow this criminal misc. application and to quash the charge-
sheet dated 8.5.2018 and cognizance as well as summoning order dated
17.12.2018 and entire proceedings of Case No. 5167 of 2018 (State Vs.
Nayamuddin) arising out of Case Crime No. 935 of 2017, under Sections
363, 366 I.P.C., Police Station-Dharmsinghwa, District-Sant Kabir Nagar
pending in the court of learned Civil Judge, Junior Division/Judicial
Magistrate, Sant Kabir 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.
5. From the perusal of the record it is apparent that parties have entered in to
compromise and have settled their dispute amicably.
NA528 No. 41872 of 2025
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 are hereby quashed.
9. The present application is allowed.
(Chawan Prakash,J.)
April 20, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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