Allahabad High Court
AFSAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The court held that, under its inherent jurisdiction and Section 528 of the BNSS, it may quash criminal proceedings when a verified compromise between the parties exists.
Summary
The Allahabad High Court entertained an application under Section 528 of the BNSS seeking to quash criminal proceedings (Case No. 1246 of 2024) initiated under Sections 115(2), 352, 351(2), 117(2) and 110 of the B.N.S. The applicants and the State of U.P. had entered into a compromise, which was verified by the trial court and reported by the Additional Civil Judge. Both parties jointly acknowledged the settlement, and the court noted precedents that allow the exercise of inherent power to achieve substantial justice. Considering the private nature of the dispute and the parties' desire not to pursue the case further, the court exercised its inherent jurisdiction to quash the entire proceeding. The application was allowed, and the criminal case was dismissed.
Issues considered
- Whether the High Court can quash criminal proceedings under Section 528 of the BNSS when the parties have reached a verified compromise.
- Whether the inherent power of the court may be exercised to terminate a criminal case of a private nature.
Legislation cited
Subjects
- compromise
- criminal procedure
- Section 528
- inherent jurisdiction
- quash
- private dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 6736 of 2025
Afsar And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Kumar Pandey, Vimal Kumar
Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Bharti
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Shri Vimal Kumar, learned counsel for the applicants, learned
A.G.A. for the State of U.P., Shri Kamlesh Kumar Bharti, 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 proceeding of Case No. 1246 of 2024 (State of U.P.
vs. Afsar and others), arising out of case crime No. 538 of 2024, under
Sections 115(2), 352, 351(2), 117(2), 110 B.N.S., P.S. Murad Nagar,
District Ghaziabad, including the cognizance order dated 11.12.2024.
3. Learned counsel for the applicant as well as opposite party No.2 jointly
submitted that the parties have entered into compromise and vide order
dated 19.5.2025, a direction was given to the learned Trial Court to verify
the factum of compromise executed by the parties. In pursuance of the
aforesaid order, learned Trial Court has verified the contents of
compromise vide order dated 31.5.2025.
4. 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.
5. In pursuance of the order dated 19.5.2025 of this Court, Additional Civil
Judge (S.D.)/A.C.J.M., court No.5, Ghaziabad has submitted his report dated
1.8.2025, which shows that the compromise entered between the parties has
been verified. A copy of the verification order along with the verified
NA528 No. 6736 of 2025
2
compromise has also been annexed with the report.
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
entire proceeding of Case No. 1246 of 2024 (State of U.P. vs. Afsar and
others), arising out of case crime No. 538 of 2024, under Sections 115(2),
352, 351(2), 117(2), 110 B.N.S., P.S. Murad Nagar, District Ghaziabad
including the cognizance order dated 11.12.2024, is hereby quashed.
(Sanjiv Kumar,J.)
May 6, 2026
Vandana
Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad
Checking your session…