Allahabad High Court
SAHAB SINGH AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that a valid compromise between the parties warrants the quashing of the pending criminal proceedings under Section 528 CrPC.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash criminal proceedings (Case No. 4999 of 2025) arising from offences under Sections 147, 148, 325, 323, 504 and 506 IPC. The parties had reached a compromise on 28 January 2026, and the trial court verified the compromise on 31 March 2026. Both the applicants' counsel and the State’s Additional Government Advocate submitted that the dispute was settled and there was no public interest in continuing the prosecution. Relying on Supreme Court precedents that allow compromise even in certain cognizable and non‑compoundable offences, the High Court held that continuing the case would serve no useful purpose. Consequently, the court quashed the entire proceedings and allowed the Section 528 application.
Issues considered
- Whether a compromise between parties can lead to the quashing of pending criminal proceedings under Section 528 CrPC in cases involving cognizable, non‑compoundable offences.
- Whether the High Court has jurisdiction to discharge the case on the basis of a verified compromise.
- Whether the Supreme Court precedents cited support the grant of relief in the present matter.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 148, 323, 325, 504, 506
Subjects
- Compromise
- Section 528 CrPC
- Quash of criminal proceedings
- Non‑compoundable offences
- Indian Penal Code
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42222 of 2025
Sahab Singh And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Pal
Counsel for Opposite Party(s) : Anshu Shahi, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Santosh Chaubey, Advocate, holding brief of Sri Raj Pal,
learned counsel for the applicants, learned A.G.A. for the State and
perused the record.
2. The present application under Section 528 B.N.S.S. has been filed for
quashing the entire proceedings of Case No. 4999 of 2025 (State Vs.
Sahab Singh and others), under Sections 147, 148, 325, 323, 504, 506
I.P.C., Police Station Chhata, District Mathura, arising out of Case Crime
No. 259 of 2024, pending in the court of learned Civil Judge
(J.D.)/Judicial Magistrate, Chhata, District Mathura, on the basis of
compromise dated 28.01.2026.
3. Learned counsel for the applicants submitted that applicants and
opposite party no.2 have amicably settled their dispute out of the Court.
Applicant approached this Court by filing this 528 BNSS application with
prayer to quash the proceedings on terms of compromise entered between
the parties, this Court vide order dated 23.02.2026 directed the parties to
appear before the trial court for verification of the parties and compromise
application. Trial court vide order dated 31.03.2026 verified the parties as
well as compromise application. 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 their
dispute through compromise and, as such, opposite party no.2 does not
wish to press the aforesaid case against the applicant. Opposite party no.2
NA528 No. 42222 of 2025
2
is ready to withdraw the prosecution of the applicant 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 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, entire proceedings of Case No. 4999 of 2025 (State Vs.
Sahab Singh and others), under Sections 147, 148, 325, 323, 504, 506
I.P.C., Police Station Chhata, District Mathura, arising out of Case Crime
No. 259 of 2024, pending in the court of learned Civil Judge
(J.D.)/Judicial Magistrate, Chhata, District Mathura, are hereby quashed
in terms of compromise dated 28.01.2026.
8. This application under Section 528 B.N.S.S. is accordingly allowed.
(Chawan Prakash,J.)
April 27, 2026
v.k. updh.
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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