Allahabad High Court
ATIF SHAMSHI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that the criminal proceedings must be quashed as the parties have settled the dispute and the law permits quashing in such circumstances.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash a criminal case (Case No. 1574 of 2024) arising from offences under Sections 323, 324, 325, 504 and 506 IPC. The applicants and the second opposite party had reached a compromise, which was verified by the trial court. The second opposite party consented to the quashing of the proceedings. The court examined the settled law, citing several Supreme Court decisions that allow quashing of cases where parties have settled their disputes. Finding the compromise genuine and in accordance with precedent, the court quashed the entire criminal proceeding and allowed the application.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 of the BNSS when the parties have reached a compromise and the trial court has verified it.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528 CrPC
- IPC offences
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50193 of 2025
Atif Shamshi And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ehtesham Afsar Khan
Counsel for Opposite Party(s) : Zulekha Begum, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. The supplementary affidavit, filed today in Court, is taken on record.
2. Heard Mr. Ehtesham Afsar Khan, learned Counsel for the applicants, Mr.
Md. Saud, learned Counsel holding brief of Ms. Zulekha Begum, 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 the this Hon'ble Court may kindly
be pleased to allow the application and quash the cognizance /Summoning
order dated 19.03.2014 and charge sheet No. 224 of 2013 dated 18.09.2013
as well as entire proceeding of Case No. 1574 of 2024 (Old Case No.2833 of
2014), State versus Atif Shamshi and Others, arising out of Case Crime No.
1944 of 2013, Under Sections 323, 324, 325, 504, 506 of I.P.C., Police
Station-Kotwali, District-Bareilly pending in the court of Additional Civil
Judge (Sr. Div.), Court No.4, Bareilly in terms of compromise dated
25.11.2025 (Annexure No. 4 to this affidavit)."
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.
NA528 No. 50193 of 2025
2
6. From the perusal of the record it is apparent that parties have entered in to
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.)
May 6, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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