Allahabad High Court
HAMJA AND 3 OTHERSversusSTATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME, GOVT OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court quashed the entire criminal proceeding as the parties had settled the dispute.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Case No. 9749 of 2025) pending before the Chief Judicial Magistrate, Bulandshahr, on the ground that they had reached a compromise with the State, which was verified by the trial court. The opposite party (State) through its counsel admitted the compromise and raised no objection to quashing. The High Court examined the settled facts and relied on a series of Supreme Court decisions that allow dismissal of criminal cases where the parties have amicably resolved their dispute. Applying that precedent, the Court held that the proceedings could be terminated. Consequently, the entire criminal proceeding was quashed and the application was allowed.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 of the BNSS on the basis of a compromise between the parties.
Legislation cited
- B.N.S.S. — s. 528
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- High Court
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50042 of 2025
Hamja And 3 Others
.....Applicant(s)
Versus
State Of U.P. Through Principal Secretary Home,
Govt Of U.P. And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Afzal Husain
Counsel for Opposite Party(s) : G.A., Mohd Qasim
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Afzal Husain, learned Counsel for the applicants, Mr. Mohd.
Qasim, learned Counsel for opposite party no.2, who appeared through video
conferencing 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 quash the entire proceeding of Case No. 9749 of
2025 (State of U.P. versus Hamza and others), Charge Sheet dated
18.05.2025, arising out of Case Crime No. 420 of 2025, under Sections
115(2), 352, 351(3), 333 BNS, Police Station Kotwali Shahr, District
Bulandshahr and cognizance order dated 21.08.2025, pending in the Court
of Chief Judicial Magistrate, District Bulandshahr. It is further prayed, that
this Hon'ble Court may kindly be pleased to stay the further proceeding of
Case No. 9749 of 2025 (State of U.P. versus Hamza and others), Charge
Sheet dated 18.05.2025, arising out of Case Crime No. 420 of 2025, under
Sections 115(2), 352, 351(3), 333 BNS Police Station Kotwali Shahr,
District Bulandshahr and cognizance order dated 21.08.2025, pending in the
Court of Chief Judicial Magistrate, District Bulandshahr."
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.
5. From the perusal of the record it is apparent that parties have entered in to
NA528 No. 50042 of 2025
2
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.
May 6, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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