Allahabad High Court
RAMESH CHANDRA VAISH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The High Court quashed the criminal proceedings, holding that a settlement between the parties justifies dismissal of the case even when the offences are non‑compoundable.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash Criminal Case No. 3905 of 2023, which involved offences under Sections 304A, 337 and 338 of the IPC. Earlier, a Section 482 Cr.P.C. application challenging the same order was dismissed, and the court permitted a fresh 528 application. The parties had entered into a compromise on 31 July 2024, which the trial court approved on 9 April 2025. The opposite party contended that, having settled, it no longer wished to pursue the case. Relying on the Supreme Court’s decision in Gian Singh v. State of Punjab, the High Court allowed the 528 application and quashed the entire criminal proceeding, noting that continuation of the case would be futile despite the offences being non‑compoundable.
Issues considered
- Can criminal proceedings for non‑compoundable offences be quashed on the basis of a settlement between the parties?
- Is an application under Section 528 BNSS maintainable after the dismissal of a Section 482 Cr.P.C. application?
- Does the trial court’s approval of a compromise suffice to extinguish the criminal liability?
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 528
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 304A, 337, 338
Subjects
- criminal procedure
- quash
- settlement
- non‑compoundable offences
- Section 528 BNSS
- Section 482 CrPC
- IPC 304A
- IPC 337
- IPC 338
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9866 of 2026
Ramesh Chandra Vaish And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Harshit Kumar Srivastava, Himanshu
Srivastava, Madan Lal Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE PADAM NARAIN MISHRA, J.
1. The present application under Section 528 BNSS has been filed by the
applicants seeking quashing of the entire proceedings of Criminal Case
No. 3905 of 2023, arising out of Case Crime No. 0142 of 2022, under
Sections 304A, 337, 338 of IPC, Police Station Obra, District Sonbhadra.
2. Learned counsel for the applicants submits that in the present case he
had earlier filed Application u/s 482 Cr.P.C. No. 26972 of 2024
challenging the impugned order dated 21.04.2023 but co-ordinate Bench
of this Court on 16.06.2025 dismissed the application along with liberty
to file fresh Application u/s 528 BNSS as Hon'ble Committee of High
Court for implication of new criminal laws resolved on 22.08.2024 due to
which Application 482 was not maintainable in the direction of above
said order applicants had filed fresh Application u/s 528 BNSS. He
further submitted that the parties have settled their dispute by way of
compromise dated 31.07.2024 and the said compromise was duly
approved by the trial court on 09.04.2025, which is on record.
3. Learned counsel for the opposite party no. 2 argued that as the parties
have already settled their dispute in the aforesaid case and, therefore,
opposite party no. 2 is no more interested to pursue the case any more
against the applicants.
4. Heard learned counsel for the applicants and learned counsel for the
Opposite Party No.2 and learned AGA for the State.
5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of
Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340,
NA528 No. 9866 of 2026
2
para 58)
"58. Where the High Court quashes a criminal proceeding 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."
5. Keeping in mind the position of law and facts, circumstances of the
case, the present application under Section 528 BNSS stands allowed.
6. The entire proceedings of Criminal Case No. 3905 of 2023, arising out
of Case Crime No. 0142 of 2022, under Sections 304A, 337, 338 of IPC,
Police Station Obra, District Sonbhadra, is hereby quashed.
7. This order is being passed by this Court after hearing the contesting
parties. If at all, opposite party no. 2 feels that he has been duped or
betrayed, then in that event, he may file recall application explaining the
reasons for filing the said application.
8. The parties may file the certified copy of this order before the court
concerned within six weeks from today.
(Padam Narain Mishra,J.)
March 19, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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