Allahabad High Court
KHUSHWANT SINGH HADA AND 2 OTHERSversusState of UPAND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that a compromise must be filed and verified before the trial court, and only after such verification may the parties invoke the court's inherent powers to quash the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal case (Criminal Case No. 8637 of 2024) filed against them under sections 498A, 323, 504, 506 IPC and sections 3/4 of the Delhi Police Act. They claimed innocence and alleged that the dispute with the opposite party had been amicably resolved, requesting the court to dismiss the proceedings on the basis of compromise. The State's Additional Government Advocate did not object to the parties approaching the trial court to record the compromise. The High Court held that any compromise must be filed and verified before the trial court within a stipulated period, after which the parties may jointly invoke the court's inherent powers to seek quashment. If the compromise is not filed and verified, the trial court must continue with the trial. Accordingly, the application under Section 528 was disposed of without quashing the criminal proceeding.
Issues considered
- Whether the High Court can quash a criminal proceeding on the basis of a compromise between the parties.
- Whether the parties have entered into a valid compromise that can be considered by the trial court.
- What procedural steps are required for filing and verifying a compromise in a criminal case.
Legislation cited
- BNSS — s. 528
- Delhi Police Act — s. 3, 4
- Indian Penal Code — s. 323, 498, 504, 506
Subjects
- compromise
- quashment
- criminal proceeding
- inherent powers
- Section 528
- Section 482
- IPC
- Delhi Police Act
- settlement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 29754 of 2024
Khushwant Singh Hada And 2 Others
.....Applicant(s)
Versus
State Of Upand Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar Tripathi, Nikhilesh
Kumar Chaudhary
Counsel for Opposite Party(s) : Dinesh Singh Yadav, G.A., Upendra
Malaviya
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Nikhilesh Kumar Chaudhary, learned Counsel for the
applicants, Mr. Upendra Malaviya, 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 this application and quash the summoning/cognizance order dated
21.06.2024 and entire proceeding of Criminal Case No. 8637 of 2024, "State Vs.
Khushwant Singh Hada and others, arising out of Case Crime No. 418 of 2023, as
well as Charge Sheet dated 25.03.2024 under section 498A, 323, 504, 506 I.P.C. and
Section 3/4 D.P. Act, Police Station Sector-58 Noida, District Gautam Buddh Nagar,
pending in the court of Additional Civil Judge (Sr.D.)-2/A.C.J.M., Gautam Buddh
Nagar."
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
A482 No. 29754 of 2024
2
Trial Court to file compromise in the given circumstances.
5. Whether the parties have entered into compromise, can best be
adjudicated by the Trial Court. As such, the parties may appear before
the Trial Court concerned and file the 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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