Allahabad High Court
SONIAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that the criminal proceedings are to be quashed as the parties have settled their dispute through compromise.
Summary
The applicant Sonia filed a criminal miscellaneous application under Section 528 of the BNSS seeking to quash criminal proceedings (Case No. 7416 of 2025) pending before the Chief Judicial Magistrate, Rampur, on the ground that she and the second opposite party had reached a compromise. Both parties admitted the settlement, and the trial court had verified it. The court examined the settled law, citing several Supreme Court decisions that allow quashing of cases where parties have amicably resolved their dispute. Applying this precedent, the High Court found the present matter suitable for exercise of its power to quash. Consequently, the entire criminal proceedings were ordered to be quashed and the application was allowed.
Issues considered
- Whether criminal proceedings under Sections 318(4) and 316(2) of the BNSS can be quashed on the basis of a compromise between the parties.
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- criminal miscellaneous application
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49304 of 2025
Sonia
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Singh
Counsel for Opposite Party(s) : Keshari Nandan Singh, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Arun Kumar Singh, learned Counsel for the applicant, Mr.
Keshari Nandan Singh, 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
applicant with the following prayer:
"It is, therefore, most respectfully prayed the Hon'ble Court be pleased to
allow the Criminal Misc. Application and quash the entire proceedings Case
No. 7416 of 2025 State Vs Sonia Under Section 318(4),316(2)B.N.S. Police
Station Tanda, District- Rampur arising out of Case Crime no. 39 of 2025
pending in the Court of Chief Judicial Magistrate District-Rampur, on the
basis of aforementioned compromise and all proceedings may directed to be
remain stayed, during the pendency of criminal misc application before this
Hon'ble Court."
3. Learned Counsel for the applicant has submitted that the applicant 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 applicant 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 applicant.
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. 49304 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 applicant.
8. The entire proceedings of the aforesaid case are hereby quashed.
9. The present application is allowed.
(Chawan Prakash,J.)
April 22, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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