Allahabad High Court
SHIVAM PRAJAPATI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court held that the compromise must be verified by the trial court and therefore did not quash the charge sheet or proceedings.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and proceedings in a dowry‑related criminal case on the ground that a compromise had been reached between the parties. The High Court noted that verification of any compromise is within the jurisdiction of the trial court, not the appellate court. Consequently, the Court directed both parties to appear before the trial court with the compromise deed for verification, and ordered that no coercive action be taken pending that verification. The High Court did not express any view on the merits of the quash petition and left open the possibility of a fresh application after the trial court’s verification. The application was therefore disposed of without being allowed.
Issues considered
- Whether an application under Section 528 B.N.S.S. can be entertained to quash criminal proceedings on the basis of a compromise between parties.
- Whether the High Court can directly quash the charge sheet without trial court verification of the compromise.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- compromise
- quash
- Section 528
- dowry case
- IPC
- trial court verification
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10699 of 2026
Shivam Prajapati And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Singh Tomar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Gaurav Singh Tomar, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed to
quash the charge sheet No. 1 of 2024 dated 23.06.2024 as well as
Cognizance and Summoning order dated 06.08.2024 and entire proceeding
of Case No.1468 of 2024 (State Vs. Shivam Prajapati and others) arising out
of Case Crime No.180 of 2024 U/s 498-A, 323, 504, 506 of I.P.C. and
Section 3/4 Dowry Prohibition Act, Police Station Jalaun, District-Jalaun,
pending in the Court of learned Chief Judicial Magistrate, Jalaun, District
Jalaun on the basis of compromise taken place between the both parties.
3. Learned counsel for the applicants submits that the parties have amicably
settled their disputes vide compromise dated 07.03.2026, which has been
placed as Annexure No. '4' to the present application. Therefore, no useful
purpose would be served in continuing the proceedings before the Court
concerned and the same is not only sheer wastage of time of the Court but
also abuse of process of law.
4. Learned A.G.A., however, submits that it is the Trial Court, which has to
verify the fact as to whether the parties have entered into compromise, hence
the applicants may approach the concerned Court and move an application
with respect to compromise between the parties, which will be decided in
accordance with law.
5. In view of above, without expressing any opinion on the merits of the
NA528 No. 10699 of 2026
2
case, both the parties are directed to appear in person before the Trial Court
along with compromise deed as well certified copy of this order within three
weeks from today. It is expected that Court concerned may fix a date for the
verification of the compromise and after ensuring the presence of the parties,
pass an appropriate order with respect to the same in accordance with law, as
expeditiously as possible, after giving opportunity of hearing to both the
parties, preferably within a period of three months from the date of
production of a certified copy of this order, if there is no other legal
impediment. While passing the order verifying the compromise, the Court
concerned shall also record the statements of the parties as to whether all the
terms and conditions mentioned in the original compromise deed, so filed,
have been fulfilled or not.
6. The Court in that scenario will allow the parties to obtain certified copy of
the report as well as compromise and it will be open to the applicants to
approach this Court again for quashing of the proceedings.
7. Till verification of compromise between the parties by the Court
concerned, no coercive action shall be taken against the applicants in the
aforesaid case.
8. With the aforesaid directions, this application is disposed of.
March 25, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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