Bablu Tarwale and 4 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Bablu Tarwale and 4 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under Sections 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, pending in the Court of Judicial Magistrate, Firozabad.

Issue for consideration

Whether the entire criminal proceedings in Case No.17617 of 2022 (State vs. Ballu Tarwale and others), arising out of Case Crime no.141 of 2022 under Sections 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, pending before the Judicial Magistrate, Firozabad, should be quashed in view of the amicable settlement/compromise between the parties.

Court's answer

The parties settled their dispute amicably out of their own free will and filed a compromise application before the trial court, which was verified by the trial Court vide order dated 20.02.2026; this undisputed settlement formed the factual basis for quashing.

Ratio / Principle

In view of the amicable settlement between the parties and considering the dictum of the Apex Court in B.S. Joshi, Gian Singh, Shambhu Kewat, Deepak, Manish, J. Ramesh Kamath, Rajveer Singh and Parbatbhai Ahir, the entire proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under Sections 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, pending in the Court of Judicial Magistrate, Firozabad, are quashed.

Key takeaways

The instant application under Section 528 BNSS is allowed.ratio¶¶24

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.; decision dated March 18, 2026) allowed an application under Section 528 BNSS and quashed the entire proceedings of Case No. 17617 of 2022 (State v. Ballu Tarwale and others), arising out of Case Crime No. 141 of 2022 under Sections 147, 323, 324, 504, 506 IPC, Police Station Ramgarh, District Firozabad, pending before the Judicial Magistrate, Firozabad. The parties had settled their dispute amicably out of their own free will and filed a compromise application dated 17.02.2026 before the trial court; on this Court's order dated 4.2.2026 the compromise was verified by the trial court vide order dated 20.02.2026, and opposite party No. 2 stated it did not want to proceed with the criminal proceedings. Relying on the dictum of the Supreme Court in B.S. Joshi v. State of Haryana, Gian Singh v. State of Punjab, State of Rajasthan v. Shambhu Kewat, State of M.P. v. Deepak, State of M.P. v. Manish, J. Ramesh Kamath v. Mohana Kurup, State of M.P. v. Rajveer Singh and Parbatbhai Ahir v. State of Gujarat, the Court quashed the proceedings and allowed the application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 51006 of 2025

Bablu Tarwale And 4 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Anwar Hussain Counsel for Opposite Party(s) : Anees Baig, G.A.
Court No.- 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Supplementary Affidavit filed on behalf of applicants in Court today, is taken on record.

Heard Sri Anwar Husain, learned counsel for the applicants and Sri Anees Baig,learned counsel for opposite party No.2.

Learned counsel for the applicants submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under section 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, pending in the Court of Judicial Magistrate, Firozabad.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under section 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, pending in the Court of Judicial

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Magistrate, Firozabad and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

Learned counsel for the parties have submitted that both the parties are residing peacefully in the society. The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise application dated 17.02.2026 before the concerned trial court. Thereafter, this Court, vide order 4.2.2026, has directed the parties to appear before the concerned trial court for verification of the compromise application with a direction to the trial court to verify the compromise application in presence of both the parties and submit a report to this Court.

Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise application before the trial court, which has been verified by the trial Court, vide order dated 20.02.2026, copy whereof has been filed along with supplementary affidavit dated 17.3.2026 at page no.15, which is kept on record.

In the present case, the sections involved are Section 147, 323, 324, 504, 506 IPC.

Sri Anees Baig, learned counsel for the opposite party no.2 has submitted that the O.P. No.2 does not want to proceed with the impugned criminal proceedings.

Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under section 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad,

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pending in the Court of Judicial Magistrate, Firozabad, are hereby quashed.

Accordingly, the instant application is allowed.

March 18, 2026 SFH

(Praveen Kumar Giri,J.)

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad