Allahabad High Court

SAJIDversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: SANJIV KUMAR

Holding

The court may, invoking its inherent powers and Section 528 BNSS, quash criminal proceedings where a verified compromise between the parties has been established.

Summary

The applicant filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet dated 10‑May‑2018, the cognizance order dated 5‑July‑2018 and the entire criminal proceeding (Case No. 2936 of 2018) arising from offences under IPC sections 354(kha), 452, 323 and 308. Both parties admitted that they had reached a compromise, which was verified by the trial court on 18‑April‑2026 following the High Court’s direction dated 30‑March‑2026. The Additional Sessions Judge submitted a report confirming the verification of the compromise. Relying on precedents that the court’s inherent powers may be used to achieve substantial justice, the High Court held that the dispute was private, had no wider social impact, and therefore the proceedings should be terminated. Consequently, the application was allowed and the charge‑sheet, cognizance order and the entire proceeding were quashed.

Issues considered

Whether a criminal proceeding can be quashed under Section 528 of the BNSS when the parties have entered into a verified compromise.
Whether the court’s inherent powers may be exercised to dismiss such proceedings in the interest of real and substantial justice.

Legislation cited

BNSS — s. 528
Indian Penal Code — s. 308, 323, 354(kha), 452

Subjects

compromise
criminal procedure
inherent powers
quash
Section 528 BNSS
IPC
private dispute
settlement

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 4953 of 2025

Sajid
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Ramajan Ahmad
Counsel for Opposite Party(s) : G.A.

Court No. - 83
HON'BLE SANJIV KUMAR, J.

1. Heard Sri Ramajan Ahmad, learned counsel for the applicant, learned
A.G.A. for the State, Sri Hasan Sartaj, Advocate holding brief of Sri
Hasan Parvej, learned counsel for the opposite party no. 2 and perused the
record.

2. This application under Section 528 of BNSS has been filed for
quashing the charge-sheet dated 10.5.2018, cognizance order dated
5.7.2018 as well as the entire proceeding of Case No. 2936 of 2018,
arising out of case crime No. 6 of 2018, under Sections 354(kha), 452,
323, 308 IPC, P.S. Fatehganj West, District Bareilly.

3. Learned counsel for the applicant as well as opposite party No.2 jointly
submitted that the parties have entered into compromise and vide order
dated 30.3.2026, a direction was given to the learned Trial Court to verify
the factum of compromise executed by the parties. In pursuance of the
aforesaid order, learned Trial Court has verified the contents of
compromise vide order dated 18.4.2026.

4. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the court
below.

5. In pursuance of the order dated 30.3.2026 of this Court, Additional
Sessions Judge, Court No.5, Bareilly has submitted his report dated
5.5.2026, which shows that the compromise entered between the parties has
NA528 No. 4953 of 2025
2

been verified. A copy of the verification order along with the verified
compromise has also been annexed with the report.

6. Hon'ble Apex Court in catena of decisions has held that inherent power
can be used to do real and substantial justice as has been held in Gian
Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others
Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of
Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to
speed up the process of ending the criminal proceedings where the
settlement is arrived at between the parties.

7. In view of the aforesaid facts and considering that the parties do not
wish to pursue the case any further, the dispute is essentially of a private
nature and has no wider social impact. Since it has been mutually settled
between the parties by way of a compromise, no useful purpose would be
served by proceeding with the matter further.

8. For the discussions made above, the present application is allowed and
charge-sheet dated 10.5.2018, cognizance order dated 5.7.2018 as well as
the entire proceeding of Case No. 2936 of 2018, arising out of case crime
No. 6 of 2018, under Sections 354(kha), 452, 323, 308 IPC, P.S.
Fatehganj West, District Bareilly are hereby quashed.

(Sanjiv Kumar,J.)
May 6, 2026
Vandana

Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad

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