Allahabad High Court
AKASH NISHAD AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that, in view of the parties' settlement and the applicable Supreme Court jurisprudence, the charge sheet and summons may be quashed under Section 528 B.N.S.
Summary
The applicants, Akash Nishad and others, filed an application under Section 528 of the B.N.S. seeking to quash the charge sheet and summons issued by the Chief Judicial Magistrate, Kanpur Nagar, in a case arising from alleged offences under Sections 115(2), 352, 351 and 333 of the B.N.S. The applicants claimed that the dispute had been amicably settled with the second opposite party and that the latter wished to withdraw the prosecution. Both parties, through their counsel, submitted that the compromise rendered further prosecution unnecessary. The Court examined Supreme Court precedents allowing compromise even in certain cognizable and non‑compoundable offences, notably Narindra Singh v. State of Punjab and others, Parbatbhai Aahir v. State of Gujarat, Gian Singh v. State of Punjab, and State of M.P. v. Laxmi Narayanan. Finding no useful purpose in continuing the proceedings, the Court quashed the charge sheet and the summons, and allowed the application under Section 528 B.N.S.
Issues considered
- Whether a compromise between parties can be permitted to quash criminal proceedings in cases involving cognizable and non‑compoundable offences under the B.N.S.
- Whether the provisions of Section 528 B.N.S. empower the court to set aside a charge sheet and summons on the basis of a settlement.
Legislation cited
- B.N.S. — s. 115(2), 333, 351, 352, 528
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- non‑compoundable offences
- Supreme Court precedent
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51659 of 2025
Akash Nishad And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravikant Shukla
Counsel for Opposite Party(s) : Om Prakash Prajapati, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Narendra Tiwari, Advocate holding brief of Sri Ravikant
Shukla, learned counsel for the applicants, Sri Kamal Dev Rai, learned
A.G.A. for the State as well as Sri Om Prakash Prajapati, learned counsel
for the opposite party no. 2 and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed for
quashing the impugned charge sheet dated 06.07.2025 as well as
summoning/cognizance order dated 12.08.2025 passed by the Chief
Judicial Magistrate, Kanpur Nagar in Case No. 103571 of 2025 (State Vs.
Akash Nishad and others), arising out of Case Crime No. 135 of 2025,
under Sections 115(2), 352, 351, 333 B.N.S., Police Station Kotwali,
District Kanpur Nagar, pending before the learned Chief Judicial
Magistrate, Kanpur Nagar, pending before the learned Chief Judicial
Magistrate, Kanpur Nagar, on the basis of compromise.
3. Learned counsel for the applicants submitted that applicants and
opposite party no.2 have amicably settled their dispute outside the Court.
Applicants approached this Court by filing this application under Section
528 BNSS with prayer to quash the proceedings in terms of compromise
entered between the parties and this Court vide order dated 22.01.2026
directed the parties to appear before the trial court for verification of the
parties and compromise application. Trial court vide order dated
27.02.2026 verified the parties as well as compromise application. He
further submitted that applicants and opposite party no.2 have settled their
dispute through compromise and, as such, opposite party no.2 does not
wish to press the aforesaid case against the applicants. Opposite party
NA528 No. 51659 of 2025
2
no.2 is ready to withdraw the prosecution of the applicants and in view of
the compromise, no fruitful purpose would be served if the prosecution is
allowed to go on.
4. Learned counsel for the opposite party no. 2 and learned A.G.A.
submitted that both the parties have settled their dispute out of the court,
hence, no reason to proceed further.
5. The Hon'ble Apex Court in the case of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs.
State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab
(2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5
SCC 688, wherein Hon'ble Apex Court has categorically held that
compromise can be made between the parties even in respect of certain
cognizable and non-compoundable offences. Reference may also be made
to the decision given by this Court in Shaifullah and others Vs. State of
U.P. and another [2013 (83) ACC 278], in which, law expounded by the
Hon'ble Apex Court in the aforesaid cases has been explained in detail.
6. Considering the facts and circumstances of the case, as noted herein
above, and also the submissions made by learned counsel for the parties,
this Court is of the considered opinion that no useful purpose would be
served by prolonging the proceedings of the above mentioned case.
7. Accordingly, charge sheet dated 06.07.2025 as well as
summoning/cognizance order dated 12.08.2025 passed by the Chief
Judicial Magistrate, Kanpur Nagar in Case No. 103571 of 2025 (State Vs.
Akash Nishad and others), arising out of Case crime No. 135 of 2025,
under Sections 115(2), 352, 351, 333 B.N.S., Police Station Kotwali,
District Kanpur Nagar, pending before the learned Chief Judicial
Magistrate, Kanpur Nagar, pending before the learned Chief Judicial
Magistrate, Kanpur Nagar, are hereby quashed in terms of compromise.
8. This application under Section 528 B.N.S.S. is accordingly allowed.
(Chawan Prakash,J.)
May 6, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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