Allahabad High Court

SURYA BHAN GIRI AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 26 April 2026
Bench: CHAWAN PRAKASH

Holding

The court held that, in view of the parties’ settlement and the Supreme Court’s authority to allow compromise even for certain cognizable and non‑compoundable offences, the criminal proceedings under Sections 147, 323, 504, 506 and 354B IPC may be quashed under Section 528 of the BNSS.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal case (Criminal Case No. 4735 of 2018) pending before the Additional Civil Judge, Azamgarh, which arose from FIR 0054 of 2018 alleging offences under Sections 147, 323, 504, 506 and 354B of the IPC. The parties had reached a compromise on 31 January 2023, which was verified by the trial court on 13 November 2025, and the second opposite party expressed a desire to withdraw the prosecution. Relying on Supreme Court decisions that permit compromise even for certain cognizable and non‑compoundable offences, the High Court held that continuing the prosecution would serve no useful purpose. Consequently, the court quashed the charge‑sheet, cognizance order and all proceedings in the case. The application under Section 528 BNSS was allowed.

Issues considered

Can a compromise between parties lead to the quashal of criminal proceedings for offences under Sections 147, 323, 504, 506 and 354B IPC, which are cognizable and non‑compoundable?
Does Section 528 of the BNSS empower the court to dismiss criminal proceedings on the basis of a settlement?
Do the Supreme Court precedents cited permit such compromise and consequent quashal of the case?

Legislation cited

B.N.S.S. — s. 528
Indian Penal Code — s. 147, 323, 354B, 504, 506

Subjects

compromise
quashal of criminal proceedings
Section 528 BNSS
non‑compoundable offences
Indian Penal Code
settlement
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 51797 of 2025

Surya Bhan Giri And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Haridwar Singh
Counsel for Opposite Party(s) : G.A., Om Prakash Singh

Court No. - 79
HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Sunil Kumar Yadav, Advocate holding brief of Sri Haridwar
Singh, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned
A.G.A. for the State as well as Sri Om Prakash Singh, 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 to
quash the entire criminal proceeding of Criminal Case No. 4735 of 2018
(State Vs. Surya Bhan Giri and others) including charge sheet dated
27.07.2018 and cognizance order dated 02.11.2018 passed by the Additional
Civil Judge, Court No. 14, Azamgarh, arising out of F.I.R. No. 0054 of
2018, under Sections 147, 323, 504, 506, 354B I.P.C., Police Station
Tahbarpur, District Azamgarh, pending in the court of Additional Civil
Judge, Court No. 14, Azamgarh on the basis of compromise dated
31.01.2023 as well as compromise verification order dated 13.11.2025.

3. Learned counsel for the applicants submitted that applicants and opposite
party no.2 have amicably settled their dispute out of the Court. Applicants
approached this Court by filing this application under 528 BNSS with prayer
to quash the proceedings on terms of compromise entered between the
parties and this Court vide order dated 09.04.2025 directed the parties to
appear before the trial court for verification of the parties and compromise
application. Trial court vide order dated 13.11.2025 verified the parties as
well as compromise application. He further submitted that applicants and
opposite party no.2 compromised the matter and opposite party No.2 does
not want to proceed the matter against the applicants. 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 no.2 is ready to
NA528 No. 51797 of 2025
2

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 as well as learned AGA
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, entire criminal proceeding of Criminal Case No. 4735 of
2018 (State Vs. Surya Bhan Giri and others) including charge sheet dated
27.07.2018 and cognizance order dated 02.11.2018 passed by the Additional
Civil Judge, Court No. 14, Azamgarh, arising out of F.I.R. No. 0054 of
2018, under Sections 147, 323, 504, 506, 354B I.P.C., Police Station
Tahbarpur, District Azamgarh, pending in the court of Additional Civil
Judge, Court No. 14, Azamgarh, are hereby quashed in terms of compromise
dated 31.01.2023 as well as compromise verification order dated 13.11.2025.

8. This application under Section 528 B.N.S.S. is accordingly allowed.

April 27, 2026
Rmk.
(Chawan Prakash,J.)

Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad

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