Allahabad High Court
SMT. GUNJAN SHARMA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that where parties have settled their dispute, the criminal proceedings may be quashed under Section 528 CrPC.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash a charge‑sheet and the pending criminal case (Case No. 266 of 2016) arising from offences under Sections 420, 467, 468 and 471 IPC. The applicants and the second opposite party had reached a compromise on 16‑07‑2025, which was acknowledged by the trial court. The State did not oppose the compromise. The High Court examined the settled law, citing several Supreme Court decisions that allow quashing of criminal proceedings when the parties have amicably settled their dispute. Finding the compromise genuine and in accordance with precedent, the Court exercised its power under Section 528 CrPC and ordered the entire proceedings to be quashed. The application was allowed.
Issues considered
- Can criminal proceedings under Sections 420, 467, 468 and 471 IPC be quashed on the basis of a compromise between the parties under Section 528 of the Criminal Procedure Code?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- settlement
- compromise
- quash criminal proceedings
- Section 528 CrPC
- charge sheet
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42628 of 2025
Smt. Gunjan Sharma And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Sharma, Shiv Murti Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Shiv Murti Kushwaha, learned Counsel for the applicants and
learned AGA for the State and perused the records.
2. The present application under Section 528 BNSS has been filed by the
applicants with the following prayer:
"It is therefore, Most Respectfully prayed that this Hon'ble Court may
graciously be pleased to allow the application and quash the Charge-Sheet
NO. 174 of 2015 dated 03-06-2015 & 174-A of 2015 dated 16-07-2015 AND
entire proceeding of Case No. 266 of 2016 (State versus Sharda Devi @
Yasoda Devi) arising out of Case Crime No. 321 of 2014 under section 420,
467, 468, 471 I.P.C., Police Station - Sasani Gate, District - Aligarh against
the applicants pending before the court of Judicial Magistrate-III, Aligarh
on the basis of compromise dated 16-07-2025 between the applicants and
opposite party no.2."
3. Learned Counsel for the applicants has submitted that the applicants 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 applicants 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 applicants.
5. From the perusal of the record it is apparent that parties have entered in to
compromise and have settled their dispute amicably.
6. The law with regards to quashing of a case on the basis of settlement
NA528 No. 42628 of 2025
2
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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