Rupesh Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Rupesh Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the chargesheet dated 13.10.2024, the cognizance/summoning order dated 30.01.2025 and the entire criminal proceedings of Case No.841 of 2025 (State Vs. Rupesh), arising out of Case Crime No.283 of 2024 under Sections 110, 352 BNS, with liberty to opposite party nos. 2 to 4 to seek recall of the order.

Issue for consideration

Whether the chargesheet dated 13.10.2024, the cognizance/summoning order dated 30.01.2025 and the entire criminal proceedings of Case No.841 of 2025 (State Vs. Rupesh), arising out of Case Crime No.283 of 2024 under Sections 110, 352 BNS, should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

Where the parties have amicably settled their dispute and the fact of compromise is confirmed and admitted by counsel for the opposite parties, there would be no harm and error in quashing the criminal proceedings in light of the compromise.

Ratio / Principle

Adopting the position in Gian Singh v. State of Punjab, (2012) 10 SCC 303 (para 54), where the dispute between the offender and the victim has been settled, the High Court may quash criminal proceedings although the offences are not compoundable, since continuation would be an exercise in futility and securing the ends of justice is the ultimate guiding factor.

Key takeaways

The chargesheet dated 13.10.2024 and the cognizance/summoning order dated 30.01.2025, along with the entire criminal proceedings of Case No.841 of 2025 (State Vs. Rupesh), arising out of Case Crime No.283 of 2024 under Sections 110, 352 BNS, pending before the Chief Judicial Magistrate, Sambhal at Chandausi, are hereby quashed.ratio¶17
The application under Section 528 BNSS stands allowed.ratio¶18
Liberty is reserved to opposite party nos. 2 to 4: if they feel duped or betrayed, they may seek recall of this order by filing a recall application explaining the reasons.obiter

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed an application under Section 528 BNSS (Application U/S 528 BNSS No. 9751 of 2026) filed by Rupesh seeking quashing of the chargesheet dated 13.10.2024 and the cognizance/summoning order dated 30.01.2025, along with the entire criminal proceedings of Case No.841 of 2025 (State Vs. Rupesh), arising out of Case Crime No.283 of 2024 under Sections 110, 352 BNS, P.S. Sambhal, District Sambhal, pending before the Chief Judicial Magistrate, Sambhal at Chandausi. The parties had amicably settled their dispute; the compromise was verified by the court concerned on 06.04.2026 and appended with a supplementary affidavit, a fact ascertained and seconded by counsel for opposite party nos. 2 to 4. Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303 (para 54) and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692, the Court held that where the dispute is settled, quashing causes no harm or error, and quashed the chargesheet, cognizance/summoning order and entire criminal proceedings, while reserving liberty to opposite party nos. 2 to 4 to seek recall of the order if they feel duped or betrayed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9751 of 2026

Rupesh

.....Applicant(s)

	Versus
State Of U.P. And 3 Others	.....	Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Santosh Kumar Gupta : Avadhesh Vishwakarma, G.A., Tripathi	Suryank

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicant and learned counsel for opposite party nos.2 to 4 as well as learned AGA.

The present application has been filed to quash chargesheet dated 13.10.2024 and cognizance/summoning order dated 30.01.2025 along with entire criminal proceedings of Case No.841 of 2025 (State Vs. Rupesh), arising out of Case Crime No.283 of 2024, under Sections 110, 352 BNS, P.S. Sambhal, District Sambhal, pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi, on the basis of compromise.

At the very outset, learned counsel for applicants has submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 06.04.2026 which has been appended with supplementary affidavit, this fact has also been ascertained and seconded by learned counsel for opposite party nos.2 to 4.

The parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by learned counsel for opposite parties and as such, there would be no harm and error if the proceedings may be quashed in light of the compromise.

A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303 , has observed in para 54 of the said judgment that 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

NA528 No. 9751 of 2026

2

an end and peace is restored; securing the ends of justice being the ultimate guiding factor.

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.

Keeping in mind the position of law and facts, circumstances of the case, chargesheet dated 13.10.2024 and cognizance/summoning order dated 30.01.2025 along with entire criminal proceedings of Case No.841 of 2025 (State Vs. Rupesh), arising out of Case Crime No.283 of 2024, under Sections 110, 352 BNS, P.S. Sambhal, District Sambhal, pending in the court of learned Chief Judicial Magistrate, Sambhal at Chandausi, are hereby quashed.

Accordingly, the present application stands allowed .

This order is being passed by this Court after hearing the contesting parties. If at all, opposite party nos. 2 to 4 feel that they have been duped or betrayed, then in that event, they may seek recall of this order by way of filing recall application explaining the reasons.

May 4, 2026

Vivek Kr.

(Saurabh Srivastava,J.)

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