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Allahabad High Court

MOHAMMAD SALMAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court quashed the criminal proceedings on the ground of a valid compromise between the parties.

Summary

The applicants filed an application under Section 528 of the CrPC seeking to quash a criminal case (Case No. 1575 of 2024) arising from an alleged offence under IPC sections 323, 504 and 506. The applicants and the second opposite party had entered into a compromise, which was verified by the trial court. The opposite party’s counsel admitted the compromise and raised no objection to quashing the proceedings. The court noted the settled law that criminal proceedings may be quashed when the parties have settled their dispute, citing several Supreme Court decisions. Applying that principle, the court held the proceedings could be dismissed. Consequently, the entire proceedings were quashed and the application was allowed.

Issues considered

  • Whether a criminal case can be quashed under Section 528 CrPC on the basis of a compromise between the parties.

Legislation cited

Subjects

  • settlement
  • compromise
  • quash of criminal proceedings
  • Section 528 CrPC
  • IPC sections 323, 504, 506
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 50795 of 2025

Mohammad Salman And Another
                                                               .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                :    Imtyaz Ahmad
Counsel for Opposite Party(s)           :    Ehtesham Afsar Khan, 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. Sheikh Sultan Momin, learned Counsel holding brief of Mr.
Imtyaz Ahmad, learned Counsel for the applicants, Mr. Ehtesham Afsar
Khan, 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. Nil of 2013 dated 18.09.2013
as well as entire proceeding of Case No. 1575 of 2024 of 2014), State versus
(Old Case No.2119 Mohammad Salman and Others, arising out N.C.R. No.
84 of 2013, Under Sections 323, 504, 506 of of I.P.C., Police Station-
Kotwali, of District-Bareilly pending in the court Additional Civil Judge (Sr.
Div.), Court No.4, of Bareilly in terms 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.
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
                                                                                          NA528 No. 50795 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.
                                    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.

                                    May 6, 2026
                                    Vijay
                                                                                         (Chawan Prakash,J.)




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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