HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39059 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Indra Jit Singh, learned counsel for applicants, Sri Saqib Ahmed, learned counsel for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash order dated 2.8.2025 passed by learned Special Judge (E.C. Act)/Additional Sessions Judge, Ballia in Session Trial no. 1415 of 2024 (State vs. Ghaiurullah and others) arising out of Case Crime no. 0058 of 2020 under sections 147, 148, 149, 308, 323, 504, 506, 436 IPC, PS- Ubhaon, District Ballia whereby compromise dated 3.4.2025 entered between the parties has been rejected. 3. Learned counsel for applicants submitted that both the parties entered into a compromise dated 3.4.2025 and appeared before learned court concerned for verification of compromise, but learned Special Judge (E.C. Act)/Additional Sessions Judge, Ballia vide impugned order dated 2.8.2025, after verifying the compromise observed that offence in the present case is non-compoundable which cannot be compromised by the parties and as such rejected the same. 4. Learned counsel for applicants submitted that impugned order dated 2.8.2025 is not sustainable in the eye of law since it Versus Counsel for Applicant(s) : Anshul Kumar Gupta, Indra Jit Singh, Sr. Advocate Counsel for Opposite Party(s) : G.A. Mohd. Ghaiurullah And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) has been laid down by Hon'ble Apex Court in catena of judgments that proceedings can be quashed on basis of compromise even in case of implication under non- compoundable offences and as such no ground was available before court concerned to reject the same. 5. Per contra, Sri Saqib Ahmed, learned counsel for opposite party no. 2 submitted the same arguments as advanced by learned counsel for the applicants. Learned AGA for State seconded the argument raised by learned counsel for opposite party no. 2. 6. After hearing rival submissions extended by learned counsel for the parties, this Court finds that although compromise has been verified but the same has been rejected by learned court of Special Judge (E.C. Act)/Additional Sessions Judge, Ballia on the basis of non-compoundable offences. In catena of judgments rendered by Hon'ble Apex Court which has been considered in Application u/s 482 no. 37160 of 2024 (Krishna Avtar Mishra vs. State of U.P. and another) decided on 28.4.2025 by this Court, it has already been settled that even the offences which comes under the category of non- compoundable can also be compromised between the parties. The dictum of Hon'ble Apex Court is crystal clear for settling the dispute persisting in the society just to maintain the harmony and peace between the parties and as such the essence of categorization of compoundable and non-compoundable has already been settled by Hon'ble Apex Court. 7. In view of aforementioned facts and circumstances, impugned order dated 2.8.2025 passed by learned Special Judge (E.C. Act)/Additional Sessions Judge, Ballia is contrary to the dictum pronounced by Hon'ble Apex Court and the same is hereby set aside. 8. On the basis of compromise which has been entered by both the parties and has been verified by learned court concerned, NA528 No. 39059 of 2026 2 entire proceeding of Session Trial no. 1415 of 2024 (State vs. Ghaiurullah and others) arising out of Case Crime no. 0058 of 2020 under sections 147, 148, 149, 308, 323, 504, 506, 436 IPC, PS- Ubhaon, District Ballia are hereby set aside only in respect of applicants herein. 9. The instant application u/s 528 BNSS stands allowed accordingly. September 23, 2026 Shaswat NA528 No. 39059 of 2026 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad