Santosh Kumar Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Santosh Kumar Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire proceedings of Case Crime No. 248 of 2021 under Sections 323, 504 and 506 IPC, Police Station Sarai Inayat, District Prayagraj, the charge-sheet dated 23.07.2021 and the cognizance order dated 29.01.2022 quashed.

Issue for consideration

Whether the entire proceedings of Case Crime No. 248 of 2021 under Sections 323, 504 and 506 IPC, Police Station Sarai Inayat, District Prayagraj, together with the charge-sheet dated 23.07.2021 and the cognizance order dated 29.01.2022, are liable to be quashed in exercise of the inherent power under Section 528 BNSS in view of the compromise arrived at between the parties and verified by the Trial Court.

Court's answer

The parties have entered into a compromise which has been duly verified by the Trial Court vide report dated 16.02.2026, and the learned A.G.A. fairly conceded that the compromise has been effected between the parties.

Ratio / Principle

Relying on Gian Singh, B.S. Joshi and Narinder Singh, the Court held that the dispute is essentially of a private nature with no wider social impact, and since it has been mutually settled by way of compromise, no useful purpose would be served by proceeding with the matter further; inherent power can be exercised to end such criminal proceedings.

Key takeaways

The application under Section 528 BNSS is allowed and the entire proceedings of Case Crime No. 248 of 2021 under Sections 323, 504 and 506 IPC, Police Station Sarai Inayat, District Prayagraj, the charge-sheet dated 23.07.2021 and the cognizance order dated 29.01.2022 are quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Sanjiv Kumar, J.), deciding an application under Section 528 BNSS: where the parties to Case Crime No. 248 of 2021 under Sections 323, 504 and 506 IPC, Police Station Sarai Inayat, District Prayagraj, had entered into a compromise verified by the Trial Court vide report dated 16.02.2026 pursuant to this Court's direction dated 02.02.2026, and the learned A.G.A. conceded the compromise, the Court — relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466) — held that inherent power may be exercised to do real and substantial justice and to end criminal proceedings arising from a settlement of a dispute that is essentially private and has no wider social impact. The application was allowed and the entire proceedings, the charge-sheet dated 23.07.2021 and the cognizance order dated 29.01.2022 were quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37776 of 2025

Santosh Kumar

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Santosh Kr. Singh Paliwal
Counsel for Opposite Party(s)	: G.A., Suresh Bahadur Singh

Court No. - 83

HON'BLE SANJIV KUMAR, J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

Heard Sri Santosh Kr. Singh Paliwal, learned Counsel for the applicant, learned A.G.A. for the State, Sri Divyanshu Upadhyay, Advocate holding brief of Sri Suresh Bahadur Singh, learned Counsel for the opposite party no. 2 and perused the record.

This application under Section 528 of BNSS has been filed for quashing the entire proceedings of Case Crime No.248 of 2021, under Section 323, 504 and 506 I.P.C., Police Station Sarai Inayat, District Prayagraj as well as charge-sheet dated 23.07.2021 and cognizance order dated 29.01.2022.

Learned Counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 02.02.2026 a direction was given to the Trial Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the parties have verified the compromise as informed by the Trial Court vide report dated 16.02.2026.

Learned Counsel for the applicant and learned Counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the Trial Court vide report dated 16.02.2026.

NA528 No. 37776 of 2025

2

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.

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.

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.

For the discussions made above, the present application is allowed and entire proceedings of Case Crime No.248 of 2021, under Section 323, 504 and 506 I.P.C., Police Station Sarai Inayat, District Prayagraj as well as charge-sheet dated 23.07.2021 and cognizance order dated 29.01.2022 are hereby quashed.

(Sanjiv Kumar,J.)

April 2, 2026 Amit

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