Allahabad High Court
JASIM AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
A criminal case may be quashed when the parties have lawfully compromised, and the court may exercise its power under Section 528 to dismiss the charge sheet and related proceedings.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the charge sheet (No.145/2018) and related proceedings in a criminal case arising from offences under Sections 147, 323, 324, 352 and 506 of the IPC. Both the applicants and the second opposite party admitted that they had reached a compromise, which was verified by the trial court. The counsel for the State raised no objection to the compromise. The court examined the settled law, citing several Supreme Court decisions that allow quashing of criminal matters where the parties have amicably settled their dispute. Relying on those precedents, the court exercised its power under Section 528 to dismiss the charge sheet, the cognizance order and the pending trial, and allowed the application.
Issues considered
- Whether a criminal proceeding under Sections 147, 323, 324, 352 and 506 IPC can be quashed on the ground of a compromise between the parties under Section 528 of the Code of Criminal Procedure.
Legislation cited
- Code of Criminal Procedure — s. 528
- Indian Penal Code — s. 147, 323, 324, 352, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- IPC offences
- settlement
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 46897 of 2025
Jasim And 5 Others
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Meraj Ahmad Khan
Counsel for Opposite Party(s) : G.A., Krishna Madhaw Pandey
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard Mr. Meraj Ahmad Khan, learned Counsel for the applicants, Mr.
Krishna Madhaw Pandey, learned Counsel for opposite party no.2 and
learned AGA for the State and perused the records.
3. 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 quash the impugned charge sheet No.145/2018 dated
04.09.2018 and cognizance/summoning order dated 04.12.2019 passed by
Additional District Judge Court No.14, Moradabad as well as proceeding of
Session Trial No.1360 of 2021, State Versus Jasim and others, (Arising out
of case Crime NO.186 of 2018), Under Section 147,323,324,352,506 I.P.C.,
Police Station Mainather, District Moradabad. Pending in the court of
Additional District Judge Court No.14, Moradabad on the basis of
compromise dated 29.10.2025."
4. 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.
5. 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.
6. From the perusal of the record it is apparent that parties have entered in to
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2
compromise and have settled their dispute amicably.
7. 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.
8. 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.
9. The entire proceedings of the aforesaid case are hereby quashed.
10. 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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