Allahabad High Court

KHALID SULTAN AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 16 September 2026
Bench: CHAWAN PRAKASH

Holding

The court held that where the parties have settled their dispute, the criminal proceedings may be quashed under Section 528 BNSS.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and criminal proceedings (Criminal Case No. 1341 of 2008) arising under IPC sections 498‑A, 323, 504, 506 and sections 3/4 of the Dowry Prohibition Act. They claimed that a compromise dated 04‑07‑2013 had been reached between the first applicant and the second opposite party and that the trial court had verified this settlement. The State’s Attorney General admitted the compromise and raised no objection to quashing the proceedings. The High Court, relying on settled Supreme Court jurisprudence that criminal matters may be dismissed where the parties have amicably settled, held that the case was suitable for quashing. Consequently, the entire proceedings against the applicants were quashed and the application was allowed.

Issues considered

Whether a criminal proceeding can be quashed on the basis of a compromise/settlement between the parties under Section 528 BNSS.
Whether the compromise extinguishes liability under IPC sections 498‑A, 323, 504, 506 and the Dowry Prohibition Act.

Legislation cited

Code of Criminal Procedure — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 498-A, 504, 506

Subjects

criminal procedure
quash of criminal proceedings
settlement
Section 528 BNSS
IPC 498-A
dowry prohibition
high court judgment

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5424 of 2026

Khalid Sultan And 3 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Badri Mani Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 83
HON'BLE CHAWAN PRAKASH, J.

1. Heard Ms. Apurva Pandey, learned Counsel holding brief of Mr. Badri
Mani Tripathi, learned Counsel for the applicants and learned AGA for
the State and perused the records.

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 pleased to allow this application and to quash the Charge
sheet dated 12.06.2008 alongwith entire criminal proceeding of Criminal
Case No. 1341 of 2008 (State vs. Khalid Sultan & others) arising out of
Case Crime No. 140 of 2008, under section 498-A, 323, 504, 506 IPC &
3/4 of D.P. Act, Police Station Kotwali, District Etawah, pending in the
court of Judicial Magistrate-II, Etawah in the light of compromise dated
04.07.2013 which is executed between the applicant No.1 and O.P. No.2."

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 A.G.A. 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. 5424 of 2026
2

5. From the perusal of the record it is apparent that parties have entered
into compromise and have settled their dispute amicably.

6. 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.

7. 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.

8. The entire proceedings of the aforesaid case with regard to the present
applicants are hereby quashed.

9. The present application is allowed.

(Chawan Prakash,J.)
September 17, 2026
Vijay

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

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