Allahabad High Court
CHANDRBHAN ALIAS LEELU AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJIV KUMAR
Holding
The High Court allowed the application and quashed the criminal proceedings on the ground of a verified compromise between the parties.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Case No. 23883 of 2022) arising from offences under Sections 452, 323, 325 and 506 IPC. Both the applicants and the opposite parties jointly submitted that a compromise had been reached and was verified by the Additional Chief Judicial Magistrate on 29‑09‑2025. The learned Attorney General for the State of U.P. conceded the existence of the verified compromise. Relying on Supreme Court precedents that allow the exercise of inherent power to achieve substantial justice, the High Court held that the dispute was private, had no wider social impact, and therefore the criminal case should be terminated. Consequently, the application was allowed and the pending criminal proceedings were quashed.
Issues considered
- Whether the High Court can exercise its inherent power under Section 528 of the BNSS to quash criminal proceedings when a verified compromise between the parties exists.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 323, 325, 452, 506
Subjects
- compromise
- quash of criminal proceedings
- inherent power of court
- Section 528 BNSS
- IPC offences
- private settlement
- substantial justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 6080 of 2025
Chandrbhan Alias Leelu And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Rana
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Mr. Amit Rana, learned counsel for the applicants, Sri O.P.
Mishra, learned A.G.A. for the State of U.P., Mr. Krishna Pal Singh,
learned counsel for the opposite party no. 2 and perused the record.
2. This application under Section 528 of BNSS has been filed for
quashing the entire proceedings of Case No.23883 of 2022 arising out of
Case Crime No.202 of 2015, under Sections 452, 323, 325, 506 IPC,
Police Station Rohta, District Meerut pending in the Court of Additional
Chief Judicial Magistrate, Court No.03, Meerut.
3. Learned counsel for the applicants as well as opposite party Nos.2 & 3
jointly submitted that vide order dated 02.09.2025, a direction was given
to the court concerned to verify the factum of compromise executed by
the parties. In pursuance of the aforesaid order, the court concerned had
verified the contents of compromise.
4. Learned counsel for the applicants and learned counsel for opposite
party nos. 2 & 3 jointly submitted that the parties have entered into
compromise, which has duly been verified by the court concerned vide
order dated 29.09.2025, a copy of which has been sent to this Court,
which is taken on record.
5. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the court
below.
NA528 No. 6080 of 2025
2
6. Hon'ble Apex Court in catena of decisions has held that inherent power
can be used to do real and substantial justice as has been held in Gian
Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others
Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of
Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to
speed up the process of ending the criminal proceedings where the
settlement is arrived at between the parties.
7. In view of the aforesaid facts and considering that the parties do not
wish to pursue the case any further, the dispute is essentially of a private
nature and has no wider social impact. Since it has been mutually settled
between the parties by way of a compromise, no useful purpose would be
served by proceeding with the matter further.
8. For the discussions made above, the present application is allowed and
Case No.23883 of 2022 arising out of Case Crime No.202 of 2015, under
Sections 452, 323, 325, 506 IPC, Police Station Rohta, District Meerut
pending in the Court of Additional Chief Judicial Magistrate, Court
No.03, Meerut, are hereby quashed.
(Sanjiv Kumar,J.)
April 20, 2026
SFH
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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