Allahabad High Court
KARUN KUMAR BALIYAN AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- TEJ PRATAP TIWARI
Holding
The High Court held that where a verified compromise deed exists, the criminal proceedings, charge sheet and cognizance order may be quashed under Section 528 CrPC.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash two criminal cases (Nos. 8152 of 2018 and 8601 of 2020) pending before the Civil Judge (Junior Division) in Muzaffarnagar, which arose from a crime reported under IPC sections 498A, 323, 504, 506 and Dowry Prohibition Act sections 3 and 4. A coordinate bench of the Allahabad High Court had earlier directed the parties to file a compromise deed, which was subsequently verified by the trial court. Relying on a line of Supreme Court decisions that allow quashing of criminal proceedings where the parties have settled their disputes, the High Court examined whether the settlement could extinguish the pending criminal process. The Court held that the verified compromise deed justified the quashing of the charge sheets, cognizance orders and the entire proceedings. Consequently, the application was allowed and the criminal proceedings were set aside.
Issues considered
- Whether a criminal case can be quashed under Section 528 CrPC on the basis of a court‑verified compromise deed between the parties.
- Whether the cognizance orders and charge sheets in the pending cases may be set aside following the settlement.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- quash
- compromise deed
- Section 528 CrPC
- settlement of criminal case
- Dowry Prohibition Act
- IPC offences
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7021 of 2026
Karun Kumar Baliyan And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kapil Dev Dubey, Pratikdhar Dwivedi,
Rahul Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE TEJ PRATAP TIWARI, J.
1. Heard learned counsel for the applicants, learned A.G.A for the State
and perused the records.
2. The present application under Section 528 BNSS has been filed to
quash the entire proceedings of Case No. 8152 of 2018 (State Vs. Karun
Baliyan and others) and case no. 8601 of 2020 (State Vs. Karun Kumar
Baliyan and others), arising out of Case Crime No. 0062 of 2018, under
Sections 498A, 323, 504, 506 of I.P.C. and 3/4 DP Act, Police Station
Mahila Thana, District Muzaffarnagar, charge sheet dated 01.12.2018 &
11.07.2020 as well as cognizance order dated 24.12.2018 & 16.09.2020,
pending in the court of Civil Judge (Jr. Div.), F.T.C-1, Muzaffarnagar.
3. Learned counsel for the applicants states that an order was passed by a
co-ordinate Bench of this Court on 11.04.2025 directing the applicants to
file the said compromise deed before the court concerned which was to be
verified by the court concerned. In pursuance of the said order, the court
concerned verified the said compromise. Copy of the same is on record at
page 81 and 89. The same is not disputed by learned counsel for the
opposite party no.2.
4. 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 :
NA528 No. 7021 of 2026
2
(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.
5. 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, charge sheet as well as
cognizance order as prayed for by the applicant(s).
6. The present application is allowed.
7. The entire proceedings, charge sheet as well as cognizance order of the
aforesaid case are hereby quashed.
(Tej Pratap Tiwari,J.)
March 18, 2026
PS
Digitally signed by :-
POOJA SHARMA
High Court of Judicature at Allahabad
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