Allahabad High Court
CHANDRA SHEKHAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that the application for quash cannot be entertained and the parties must first file and verify any compromise before the trial court.
Summary
The applicants filed an application under Section 482 of the CrPC seeking to quash a criminal case (Case Crime No.215 of 2007) involving charges under Sections 498A, 323, 504, 506 IPC and the Dowry Prohibition Act. They claimed innocence and alleged that the parties had amicably resolved their dispute, requesting the court to dismiss the proceedings on the basis of a compromise. The State, represented by the Additional Government Advocate, raised no objection to the parties approaching the trial court for a compromise. The High Court held that any compromise must be filed and verified before the trial court, and that the High Court cannot directly entertain a compromise application. Consequently, the court directed the parties to approach the trial court within 30 days, after which a joint application for quash could be filed, and disposed of the present application.
Issues considered
- Whether a High Court can entertain an application for quash of criminal proceedings on the ground of compromise between parties.
- Whether the parties must approach the trial court to file and verify a compromise before seeking quash of the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
- Section 528 BNSS
Subjects
- quash of criminal proceedings
- compromise
- Section 482 CrPC
- Dowry Prohibition Act
- criminal trial court
- inherent powers of court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 20687 of 2019
Chandra Shekhar And 3 Others
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sonu Kumar Tiwari
Counsel for Opposite Party(s) : Akhilesh Kumar Dwivedi, G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Sonu Kumar Tiwari, learned Counsel for the applicants, Mr.
Surendra Shukla, learned Counsel holding brief of Mr. Akhilesh Kumar
Dwivedi, learned Counsel for opposite party no.2 and learned A.G.A.for the
State.
2. The present application has been filed under Section 528 BNSS by the
applicants with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be
pleased to allow the present application and quash the charge sheet alongwith entire
criminal proceeding of Case Crime No.215 of 2007, under Section 498A, 323, 504,
506, I.P.C and 3/4 Dowry Prohibition Act, Police Station Chandaus, District-Aligarh.
"
3. Learned Counsel for applicants submits that the applicants are innocent
and have been falsely implicated in this case. Learned counsel for the
applicants further submits that parties have amicably resolved their personal
dispute, therefore, opposite party no.2 does not want to get adjudication of
alleged criminal act and prayed that the aforesaid criminal case may be
quashed in pursuance to compromise.
4. Learned A.G.A. for the State submits no objection if the parties approach
Trial Court to file compromise in the given circumstances.
5. Whether the parties have entered into compromise, can best be
A482 No. 20687 of 2019
2
adjudicated by the Trial Court. As such, the parties may appear before
the Trial Court concerned and file fresh compromise entered into between
the parties within 30 days, which shall be verified by the Trial Court.
6. No compromise shall be entertained by the Trial Court if the
informant/victim/injured and accused are not signatories and appear before
the Court of its verification. In case of exigency, the Trial Court shall apply
its mind and pass appropriate order.
7. For a period of two months, the proceedings of the Trial Court shall be
kept in abeyance, if the compromise is filed and verified within stipulated
period, otherwise, the Trial Court shall continue with the trial.
8. All the parties, who files compromise and get it verified, shall then file a
joint application invoking inherent power of this Court to quash the criminal
proceeding.
9. In view of above, the application under Section 528 B.N.S.S. is,
accordingly, disposed of.
(Chawan Prakash,J.)
September 23, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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