Allahabad High Court
AMRIT DEEPAK TRIPATHI AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court quashed the entire criminal proceedings on the ground of a valid compromise between the parties.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash criminal case No. 35366 of 2024, which involved offences under Sections 147, 323, 504 and 506 IPC, on the ground that they had reached a compromise with the opposite party. Both parties admitted the compromise, and the opposite party’s counsel expressed no objection to quashing the proceedings. The Court examined the settled facts and referred to the settled Supreme Court jurisprudence that allows quashing of criminal proceedings where parties have amicably settled their dispute. Applying this principle, the Court held that the case was suitable for quashing. Consequently, the entire proceedings were quashed and the application was allowed.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 CrPC on the basis of a compromise between the parties.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 147, 323, 504, 506
Subjects
- Section 528 CrPC
- compromise
- quash criminal proceedings
- settlement of dispute
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 43275 of 2025
Amrit Deepak Tripathi And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamla Singh, Vijay Shanker Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Shivam Tiwari, learned Counsel holding brief of Mr. Kamla
Singh, learned Counsel for the applicants, Mr. Abhishek Kandu, learned
Counsel for 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
applicants with the following prayer:
"It is, therefore, most respectfully prayed, that this Hon'ble Court may
graciously be pleased to quash the entire proceedings of the Criminal Case
No. 35366 of 2024 (State vs. Amrit Deepak Tripathi) including the
summoning order dated 10.04.2024, passed by learned A.C.J.M.-3rd
Varanasi, arising out of Case Crime No. 0041/2023 under Sections 147,
323, 504 and 506 IPC, Police Station- Lanka, District Varanasi, pending
before the court of learned Addl. Chief Judicial Magistrate-IIIrd, Varanasi
on the basis of compromise dated 15.07.2025."
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.
NA528 No. 43275 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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