Allahabad High Court
MAHIR HUSAINversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
Where the parties have entered into a free‑will, verified compromise, the criminal proceedings may be quashed under Section 528 of the B.N.S.S.
Summary
The applicant Mahir Husain filed an application under Section 528 of the B.N.S.S. seeking to quash the summoning order dated 7 May 2019 and the entire criminal proceedings (Complaint No. 5597 of 2018) relating to offences under Sections 323, 324, 354, 354‑B and 452 IPC. Both parties submitted a written compromise dated 22 Feb 2023, claiming it was entered into voluntarily and without coercion. The trial court verified the compromise in the presence of the parties and submitted a verification report. Relying on Supreme Court precedents that allow dismissal of criminal cases where the parties have settled their disputes, the High Court held that the verified compromise justified quashing the proceedings. Consequently, the application was allowed and the summoning order and all pending proceedings were quashed.
Issues considered
- Whether criminal proceedings under Sections 323, 324, 354, 354‑B and 452 IPC can be quashed on the basis of a voluntary compromise under Section 528 of the B.N.S.S.
- Whether verification of the compromise by the trial court satisfies the requirement for quashing the case.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 324, 354, 354-B, 452
Subjects
- settlement
- compromise
- quash of criminal proceedings
- Section 528
- IPC offences
- verification of compromise
- High Court judgment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5933 of 2025
Mahir Husain
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Istyak Khan
Counsel for Opposite Party(s) : G.A., Zafeer Ahmad
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Istyak Khan, learned counsel for the applicant, learned
A.G.A. for the State and Sri Jafeer Ahmad, 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 summoning order dated 07.05.2019 passed by the learned
Additional Chief Judicial Magistrate, Court No. 2, Moradabad as well as
entire proceedings of Complaint Case No. 5597 of 2018 (Reyazul Jahan
Vs. Mahir Husain), under Sections 323, 324, 354, 354-B, 452 I.P.C.,
Police Station Munda Pandey, District Moradabad on the basis of written
compromise dated 22.02.2023, pending in the court of Additional Chief
Judicial Magistrate Court No. 2, Moradabad.
3. The parties before this Court had made a request that they have entered
into a compromise in this matter and have settled all the disputes between
them and now they do not want to proceed with this matter.
4. Learned counsel for the applicant has submitted the compromise
entered into between the parties has been made without any coercion or
undue influence upon the complainant of this case and is a result of free
will and consent of the parties.
5. Learned counsel for the opposite party no. 2 could not dispute the
arguments as aforesaid and states that he has no objection if the impugned
proceeding pending against the applicant is quashed.
6. A coordinate Bench of this Court vide order dated 17.06.2025 directed
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the learned trial court to verify the compromise deed in presence of both
the parties and in compliance of the orders dated 17.06.2025 passed by
this Court, learned trial court submitted its verification report dated
05.08.2025 to this Court.
7. It appears from perusal of the record that the compromise between the
parties is the result of free will and consent of the complainant-opposite
party no. 2 without any coercion or undue influence.
8. In view of that, this Court finds that since the parties have entered into
compromise which has already been verified by the trial court, now
nothing rests in this matter to continue.
9. 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.
10. The law is well-settled by the Apex Court on the subject matter, the
present case is a good case for exercising powers by this Court to quash
the summoning order dated 07.05.2019 passed by the learned Additional
Chief Judicial Magistrate, Court No. 2, Moradabad as well as entire
proceedings of Complaint Case No. 5597 of 2018 (Reyazul Jahan Vs.
Mahir Husain), under Sections 323, 324, 354, 354-B, 452 I.P.C., Police
Station Munda Pandey, District Moradabad on the basis of written
compromise dated 22.02.2023, pending in the court of Additional Chief
Judicial Magistrate Court No. 2, Moradabad.
11. Accordingly, the present application is allowed.
13. Hence, summoning order dated 07.05.2019 passed by the learned
Additional Chief Judicial Magistrate, Court No. 2, Moradabad as well as
entire proceedings of Complaint Case No. 5597 of 2018 (Reyazul Jahan
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Vs. Mahir Husain), under Sections 323, 324, 354, 354-B, 452 I.P.C.,
Police Station Munda Pandey, District Moradabad on the basis of written
compromise dated 22.02.2023, pending in the court of Additional Chief
Judicial Magistrate Court No. 2, Moradabad are, hereby, quashed in
terms of the compromise.
(Chawan Prakash,J.)
March 19, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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