Abhishek Sachan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abhishek Sachan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; proceedings of ST No. 50/2023 (Smt. Usha Singh vs. Abhishek Sachan) arising out of Complaint Case No. 21 of 2023, Police Station Kotwali Orai, District Jalaun, quashed.

Issue for consideration

Whether the proceedings of ST No. 50/2023 (arising out of Complaint Case No. 21 of 2023 under Sections 452, 323, 504, 506 IPC and Section 3(1)(da)(dha) SC/ST Act, Police Station Kotwali Orai, District Jalaun) should be quashed in view of the compromise/out-of-court settlement between the parties, notwithstanding that the offences are cognizable and non-compoundable.

Court's answer

Considering the facts and circumstances (including the verified compromise between the parties) and the submissions of counsel, no useful purpose would be served by prolonging the proceedings of ST No. 50/2023.

Ratio / Principle

The proceedings of ST No. 50/2023 (Smt. Usha Singh vs. Abhishek Sachan) arising out of Complaint Case No. 21 of 2023 under Sections 452, 323, 504, 506 IPC and Section 3(1)(da)(dha) SC/ST Act, Police Station Kotwali Orai, District Jalaun, are quashed.

Key takeaways

The application under Section 528 BNSS is allowed.ratio¶18

Detailed headnote1 paragraphs

Criminal procedure — quashing of criminal proceedings on compromise/settlement between parties — application under Section 528 BNSS — proceedings of ST No. 50/2023 (Smt. Usha Singh vs. Abhishek Sachan) arising out of Complaint Case No. 21 of 2023 under Sections 452, 323, 504, 506 IPC and Section 3(1)(da)(dha) SC/ST Act, Police Station Kotwali Orai, District Jalaun, challenged on the basis of a compromise settled between the parties on 20.06.2025 — Co-ordinate Bench had ordered verification of the compromise; the trial court (Additional District and Sessions Judge, SC/ST Act, Jalaun at Orai) reported by letter dated 19.09.2025 that the parties appeared on 6.09.2025, were identified and verified through counsel, and that the victim had not received any compensation under the provisions of the S.C./S.T. Act — relying on Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303, State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, and Shaifullah and others Vs. State of U.P. and another 2013 (83) ACC 278 (compromise possible even in respect of certain cognizable and non-compoundable offences), Deepak Verma, J. held that no useful purpose would be served by prolonging the proceedings; the proceedings were quashed and the application allowed (Allahabad High Court, November 18, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32163 of 2025

Abhishek Sachan

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Gaurang Dwivedi, Dwivedi	Varunendra Kishore
Counsel for Opposite Party(s)	: Pranvesh, G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

The present 528 B.N.S.S. application has been filed to quash the summoning order dated 07.10.2023 passed by learned Special Judge (SC/ST Act) Jalaun at Orai in ST No. 50/2023 (Smt. Usha Singh vs. Abhishek Sachan S.D.O. Vidyut Vibhag Orai) arising out of Complaint Case No. 21 of 2023 Under Section 452, 323, 504, 506 I.P.C. Under Section 3(1) (da) (dha) SC/ST Police Station-Kotwali orai, District Jalaun on the basis of Compromise settled between the parties on 20.06.2025.

It has been contended by learned counsel for the applicant that the applicant and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. The Co-ordinate Bench of this Court vide order dated 27.08.2025 directed both the parties to appear before the trial court for verification of compromise. The Court also called a report from the lower court with regard to receiving of compensation by victim in the cognizance of S.C. S.T. Act.

The Additional District and Sessions Judge, (SC/ST Act), Jalaun at Orai, by letter dated 19.09.2025 has transmitted a report in pursuance of the order dated 27.08.2025. As per report, parties appeared on 6.09.2025 and they have been identified and verified through counsel. The report also states that the victim has not received any compensation amount

NA528 No. 32163 of 2025

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under the provisions of S.C. S.T. Act.

Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

Accordingly, the proceedings of ST No. 50/2023 (Smt. Usha Singh vs. Abhishek Sachan S.D.O. Vidyut Vibhag Orai) arising out of Complaint Case No. 21 of 2023 Under Section 452, 323, 504, 506 I.P.C. Under Section 3(1) (da) (dha) SC/ST Police Station-Kotwali orai, District Jalaun, is hereby quashed.

This application under Section 528 B.N.S.S. is accordingly allowed .

(Deepak Verma,J.)

November 18, 2025 Meenu Singh

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