Allahabad High Court
RAMESH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that the criminal case is quashed as the parties have settled their dispute and executed a settlement agreement.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking quash of Criminal Case No. 196 of 2016 (State v. Ramesh & Ors.) relating to offences under Sections 420, 406, 467 and 468 IPC. The High Court had earlier referred the matter to its Mediation and Conciliation Centre, where the parties executed a settlement agreement on 26 September 2025 and agreed to withdraw the pending case. Relying on settled Supreme Court jurisprudence that criminal matters can be quashed when the parties have settled their grievances, the Court examined the settlement and found no cause to continue the prosecution. Consequently, the Court allowed the application and quashed the criminal case in accordance with the settlement agreement. The order was pronounced on 5 May 2026.
Issues considered
- Whether a criminal case pending under Sections 420, 406, 467 and 468 IPC can be quashed on the basis of a settlement between the parties under Section 528 of the Code of Criminal Procedure.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406, 420, 467, 468
Subjects
- settlement
- quash
- criminal case
- Section 528 CrPC
- mediation
- compromise
- IPC offences
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42184 of 2025
Ramesh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shiv Sharan Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Supplementary affidavit filed today, is taken on record.
2. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
3. The present application under Section 528 B.N.S.S. has been filed for
quashing the Crl. Case No.196 of 2016 (State Vs. Ramesh and Ors.)
arising out of Case Crime No.498 of 2015, under Sections 420, 406, 467,
468 I.P.C., Police Station Tappal, District Aligarh pending in the Court of
Additional Chief Judicial Magistrate, Court No.1, Aligarh in terms of
compromise.
4. This Court vide order dated 12.12.2025 passed in Application U/S 528
BNSS No. 20764 of 2025 had referred the matter to the Mediation and
Conciliation Centre of this Court in order to enable the parties to reach an
amicable settlement. Pursuant to the said order parties appeared before the
Mediation and Conciliation Centre, High Court, Allahabad and entire
dispute and differences have been settled and a settlement-agreement
dated 26.09.2025 has been drawn. A copy of the same has been annexed
as Annexure No.8 to this application. Perusal of the settlement/agreement
arrived at between the parties reveals that the parties have amicably
settled their dispute and further agreed to withdraw the cases between
them.
5. In view of that, this Court finds that since the parties have entered into
settlement agreement dated 26.9.2025 before the Mediation and
Conciliation Centre of this Court, now nothing rests in this matter to
continue.
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. 42184 of 2025
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. The law is well-settled by the Apex Court on the subject matter, the
present case is a good case for exercising powers by this Court to quash
the Crl. Case No.196 of 2016 (State Vs. Ramesh and Ors.) under
Sections 420, 406, 467, 468 I.P.C., Police Station Tappal, District Aligarh
.
8. Accordingly, the present application is allowed.
9. Hence, the Crl. Case No.196 of 2016 (State Vs. Ramesh and Ors.)
arising out of Case Crime No.498 of 2015, under Sections 420, 406, 467,
468 I.P.C., Police Station Tappal, District Aligarh pending in the Court of
Additional Chief Judicial Magistrate, Court No.1, Aligarh is, hereby,
quashed in terms of the settlement agreement.
(Chawan Prakash,J.)
May 5, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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