Allahabad High Court
ABHISHEK BHASKAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that where a valid compromise between the parties is established and verified, the criminal proceedings may be quashed under Section 528 CrPC.
Summary
The applicants, Abhishek Bhaskar and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash Criminal Case No.125243 of 2023, which involved charges under Sections 498A, 323, 504, 506, 403 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The applicants asserted that they had reached a compromise with the opposite party on 17 November 2025, which was verified by the trial court. The opposite party’s counsel admitted the compromise and raised no objection to quashing the proceedings. The High Court examined the settled facts and relied on a line of Supreme Court decisions that allow quashing of criminal cases where the parties have amicably resolved their dispute. Consequently, the Court held that the proceedings against the applicants could be dismissed and ordered the entire case to be quashed.
Issues considered
- Whether criminal proceedings under the IPC and Dowry Prohibition Act can be quashed on the basis of a compromise between the parties under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 403, 498A, 504, 506
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528 CrPC
- IPC offences
- Dowry Prohibition Act
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51405 of 2025
Abhishek Bhaskar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devi Prasad Tripathi, Manish Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Manish Kumar Pandey, learned Counsel for the applicants,
Mr. Krishna Kumar Pandey, learned Counsel, who has filed his
vakalatnama along with affidavit in Court today, on behalf of opposite
party no.2 and learned AGA for the State and perused the records. The
said vakalatnama along with affidavit is taken on record.
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 please to quash the entire proceeding of Criminal case No.
125243 of 2023 including the charge sheet dated 14.07.2023 submitted in
case crime No.253 of 2022, under Section 498A, 323, 504, 506, 403
I.P.C., section 3/4 D.P. Act, Police Station Nawabganj, District Kanpur
Nagar as well as cognizance order dated 19.08.2023 passed by
Metropolitan Magistrate Court No.3, Kanpur Nagar on the basis of
compromise dated 17.11.2025."
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
NA528 No. 51405 of 2025
2
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
into compromise and have settled their dispute amicably.
5. 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.
6. Upon perusal of the records and the law laid down by the Apex Court on
the subject, this is a fit case for exercising powers of this Court to quash the
proceedings, as prayed for by the applicants.
7. The entire proceedings of the aforesaid case, insofar as the present to the
present applicants, are hereby quashed.
8. The present application is allowed.
(Chawan Prakash,J.)
September 28, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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