Allahabad High Court
KISHUN YADAV @ KRISHNA YADAV AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The High Court exercised its inherent jurisdiction and quashed the criminal proceedings on account of the verified compromise between the parties.
Summary
The applicants Kishun Yadav and six others filed an application under Section 528 of the Bihar Negotiable Settlement Scheme (BNSS) seeking to quash Criminal Case No. 2260 of 2021 (State v. Kishan Yadav et al.) which involved offences under several IPC sections. Both parties had reconciled voluntarily and executed a verified compromise deed, which was confirmed by the Additional District and Sessions Judge, Gorakhpur, on 20 September 2025. The trial court’s verification report was placed before the High Court, and the parties jointly urged that the dispute was private with no broader social impact. Citing the Supreme Court’s authority that inherent powers may be exercised to achieve real and substantial justice, the Court held that the compromise justified dismissal of the criminal proceeding. Accordingly, the application was allowed and the entire criminal proceeding was quashed.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a voluntary compromise between the parties under Section 528 of the BNSS.
- Whether the High Court may exercise its inherent powers to dismiss pending criminal cases where the dispute is of a private nature.
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 528
- Indian Penal Code — s. 147, 308, 323, 325, 427, 452, 504
Subjects
- compromise
- criminal settlement
- quash of criminal proceedings
- inherent jurisdiction
- Section 528 BNSS
- IPC offences
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8517 of 2025
Kishun Yadav @ Krishna Yadav And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar Singh, Ramendra Kumar
Shukla
Counsel for Opposite Party(s) : Rakesh Yadav, G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard Shri Pradeep Kumar Singh, learned Counsel for the applicants,
Shri Rakesh Yadav, learned counsel for opposite party no. 2 and Shri
Puroshottam Maurya, learned A.G.A for the State and perused the record.
2. In compliance of order dated 18.03.2025, compliance report of Additional
District and Sessions Judge/ Special Judge (Prevention of Corruption Act),
Court No.3, Gorakhpur dated 20.09.2025 has been received. The above
report shows that both the parties had appeared before the learned trial court
and had verified the compromise. The verified compromise deed and
verification report is also annexed with the report.
3. This application under Section 528 of BNSS has been filed for quashing
the entire proceeding of Criminal Case No. 2260 of 2021 (State Vs. Kishan
Yadav and others) arising out of Case Crime No.1000 of 2018, under
Sections- 147, 323, 504, 427, 308, 325 and 452 I.P.C., Police Station-
Khorabar, District- Gorakhpur, and charge-sheet dated 06.02.2019 as well as
cognizance/ summoning order dated 10.06.2019, pending in the court of
learned Additional District and Sessions Judge, Court No.6, Gorakhpur.
4. It is submitted on behalf of learned counsel for the parties that both the
parties had re-conciled their differences on their own freewill and wish
without any pressure and now living peacefully. The verified compromise
deed and verification report of the learned trial court is being filed alongwith
the verification report.
5. Learned counsel for the applicants as well as opposite party No.2 jointly
submitted that vide order dated 18.03.2025, a direction was given to the trial
court to verify the factum of compromise executed by the parties. In
NA528 No. 8517 of 2025
2
pursuance of the aforesaid order, learned trial court had verified the contents
of compromise.
6. Learned counsel for the applicant and learned counsel for opposite party
no. 2 jointly submitted that the parties have entered into compromise, which
has been duly verified by the parties before the concerned trial court court
vide verification report dated 20.09.2025.
7. Learned A.G.A. has fairly conceded that compromise has been effected
between the parties and the same has duly been verified by the trial court.
8. 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.
9. 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.
10. For the discussions made above, the present application is allowed
and the entire proceeding of Criminal Case No. 2260 of 2021 (State Vs.
Kishan Yadav and others) arising out of Case Crime No.1000 of 2018, under
Sections- 147, 323, 504, 427, 308, 325 and 452 I.P.C., Police Station-
Khorabar, District- Gorakhpur, and charge-sheet dated 06.02.2019 as well as
cognizance/ summoning order dated 10.06.2019, are hereby quashed.
April 28, 2026
AdityaG
(Sanjiv Kumar,J.)
Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad
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