Allahabad High Court

SHAFIQ ALAM AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: SAURABH SRIVASTAVA

Holding

The High Court held that, despite the offences being non‑compoundable, the genuine compromise between the parties warranted quashing the criminal proceedings.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet and proceedings in a case involving offences under Sections 323, 341, 354, 504 and 506 IPC. The parties had amicably settled the dispute, and the compromise was verified by the Chief Judicial Magistrate. Both sides consented that continuing the criminal trial would serve no purpose and would be contrary to the interests of justice. The High Court, relying on Supreme Court precedents that allow quashing of non‑compoundable offences where a genuine settlement exists, ordered the entire proceedings to be quashed. Consequently, the application was allowed and the criminal case dismissed.

Issues considered

Whether criminal proceedings for non‑compoundable offences can be quashed on the basis of a compromise between the parties under Section 528 CrPC.
Whether the settlement of a civil or family nature justifies the termination of pending criminal proceedings.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Indian Penal Code — s. 323, 341, 354, 504, 506

Subjects

compromise
quash criminal proceedings
non‑compoundable offences
Section 528 CrPC
settlement
justice
Supreme Court precedent

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9672 of 2026

Shafiq Alam And Another
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Alok Shukla, Bharat Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for the parties.

2. The present application has been filed to quash the charge-sheet dated
06.11.2022, cognizance/summoning order dated 27.07.2023 and the entire
proceedings of Case No.118800 of 2023 (State vs. Shafiq Alam and
another) under Sections 323, 341, 354, 504, 506 IPC, P.S. Jajmau, District
Kanpur Nagar, pending in the court of learned Chief Judicial Magistrate,
Kanpur Nagar.

3. At the very outset, learned counsel for applicants submitted that
compromise has already been preferred and the same has also been
verified by learned Chief Judicial Magistrate, Kanpur Nagar on dated
02.04.2026, which has been appended with order sheet preferred on
behalf of the applicants, this fact has also been ascertained and seconded
by learned counsel for opposite parties.

4. The parties have amicably settled their dispute and fact of compromise
has been confirmed and admitted by learned counsel for opposite parties
and jointly submitted that there would be no harm and error and would be
in the interest of justice that the proceedings may be quashed in light of
the compromise.

5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of
Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the
said judgment that where the High Court quashes a criminal proceeding
NA528 No. 9672 of 2026
2

having regard to the fact that the dispute between the offender and the
victim has been settled although the offences are not compoundable, it
does so as in its opinion, continuation of criminal proceedings will be an
exercise in futility and justice in the case demands that the dispute
between the parties is put to an end and peace is resorted; securing the
ends of justice being the ultimate guiding factor.

6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao
Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has
also observed that where matters are also of civil nature i.e. matrimonial,
family disputes, etc. the Court may consider "special facts", "special
feature" and quash the criminal proceeding to encourage genuine
settlement of disputes between the parties.

7. Keeping in mind the position of law and facts, circumstances of the
case, charge-sheet dated 06.11.2022, cognizance/summoning order dated
27.07.2023 and the entire proceedings of Case No.118800 of 2023 (State
vs. Shafiq Alam and another) under Sections 323, 341, 354, 504, 506 IPC,
P.S. Jajmau, District Kanpur Nagar, pending in the court of learned Chief
Judicial Magistrate, Kanpur Nagar, are hereby quashed.

8. Accordingly, the present application stands allowed.

9. This order is being passed by this Court after hearing the contesting
parties. If at all, informant/opposite party no.2 feels that he/she has been
duped or betrayed, then in that event, he/she may file recall application
explaining the reasons for filing the said application.

May 5, 2026
Ashish/-

(Saurabh Srivastava,J.)

Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad

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