Allahabad High Court
RAMBABU PAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that where a genuine compromise exists between the parties, the criminal proceedings may be quashed under Section 528 of the BNSS.
Summary
The applicants filed an application under Section 528 of the BNSS seeking quash of criminal proceedings (Case No. 4047/2024) arising from alleged offences under IPC sections 323, 504 and 506. The applicants claimed that they had reached a full compromise with the opposite party, which was acknowledged by the opposite party’s counsel. The trial court had earlier issued a summons for trial, but the parties submitted that the dispute was settled amicably. The High Court examined the settled compromise and relied on a series of Supreme Court decisions that allow quashing of criminal cases where the parties have settled their grievances. Finding the compromise genuine, the Court exercised its power under Section 528 BNSS and quashed the entire criminal proceeding. The application was allowed.
Issues considered
- Can criminal proceedings under IPC sections 323, 504 and 506 be quashed on the ground of a compromise between the parties under Section 528 of the BNSS?
- Does a settlement between the parties bar the continuation of the prosecution?
Legislation cited
- BNSS — s. 528
Subjects
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- IPC sections 323, 504, 506
- settlement
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 44220 of 2025
Rambabu Pal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aditya Pratap Singh, Piyush Kumar
Pandey, Sanjai Kumar Pandey, Vinay
Kumar Mishra
Counsel for Opposite Party(s) : G.A., Jagannath Gupta
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Amlesh Kumar Yadav, learned Counsel holding brief of Mr.
Sanjai Kumar Pandey, learned Counsel for the applicants, Mr. Jagannath
Gupta, 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 allow this application under section 528 of BNSS
and the entire criminal proceeding in Case No. 4047/2024 (State Vs.
Rambabu Pal And others) Pending before Additional Chief Judicial
Magistrate Court no. 8, Prayagraj, arising out of Case Crime no. 310/2021
under section 323, 504, 506 of I.P.C Police station Handia, District
Prayagraj, against the applicants is summoned under section 323, 504, 506
of IPC, whereby the learned court below summoned the applicants to face
the trial in pursuance of summoning order dated 02.04.2025."
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.
NA528 No. 44220 of 2025
2
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
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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