Allahabad High Court
KAMAL SINGH AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
A criminal proceeding may be quashed when the parties have settled their dispute, as affirmed by Supreme Court precedent.
Summary
The applicants filed an application under Section 528 of the BNSS Act seeking to quash the charge sheet and related criminal proceedings (Case No. 7869 of 2025) on the ground that they had reached a compromise with the opposite party, which was verified by the trial court. The opposite party admitted the compromise and raised no objection to quashing. The court examined the settled facts and relied on established Supreme Court jurisprudence that criminal cases can be dismissed when the parties have amicably resolved their dispute. Accordingly, the court exercised its power under Section 528 BNSS to quash the entire proceedings. The application was allowed and the case was dismissed.
Issues considered
- Whether a criminal proceeding under the BNSS Act can be quashed on the basis of a compromise/settlement between the parties.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 528
- Indian Penal Code — s. 115(2), 191(2), 324(4), 351(2), 352, 74
Subjects
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- settlement
- High Court of Allahabad
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 45582 of 2025
Kamal Singh And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Himanshu Kushwaha, Vipin Chandra
Pal
Counsel for Opposite Party(s) : G.A., Prashant Mishra, Premendra
Kumar
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Vipin Chandra Pal, learned Counsel for the applicants, Mr.
Shivam Sahni, learned Counsel holding brief of Mr. Premendra Kumar,
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 be
pleased to quash the Charge sheet No. 01 dated 30.05.2025,
Cognizance/Summoning Order dated 26.06.2025 as well as entire
proceedings of Case No. 7869 of 2025 (State Vs Kamal Singh and others)
arising out of Case Crime no. 264 of 2025 under section 191(2), 115(2),
352, 351(2), 324(4) and 74 B.N.S. Police Station Vijay Nagar, District -
Nagar (Commissionerate Ghaziabad) Pending in the court of Additional
Civil Judicial (Sr. Div.) III Ghaziabad, on the basis of compromise
agreement between the parties otherwise the applicants shall suffer
irreparable loss and injury."
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
NA528 No. 45582 of 2025
2
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
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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