Allahabad High Court

VARUN GAUTAM AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 24 March 2026
Bench: NAND PRABHA SHUKLA

Holding

The High Court held that the application for quash cannot be disposed until the trial court verifies the compromise, and therefore directed verification before any further order.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet and proceedings in a criminal case involving offences under Sections 498A, 323, 504, 506 IPC and the Dowry Prohibition Act, on the ground that the parties had reached a compromise. The State opposed, stating that the trial court must first verify the existence and validity of the compromise. The High Court, without expressing any view on the merits, 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 court further directed that the trial court record the parties' statements on compliance with the compromise terms and may pass an appropriate order thereafter. The application was consequently disposed, leaving the matter to be decided by the trial court.

Issues considered

Whether an application under Section 528 CrPC for quashing criminal proceedings can be entertained when the parties claim to have reached a compromise.
Whether the trial court must first verify the existence and terms of the compromise before any quash order can be passed.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 498A, 504, 506

Subjects

Section 528 CrPC
compromise
quash of criminal proceedings
dowry prohibition
IPC 498A
verification of compromise
abuse of process

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 10759 of 2026

Varun Gautam And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Rahul Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Rahul Shukla, 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. 01/2021 dated 06.09.2021 and cognizance order
dated 12.10.2021 as well as entire proceeding of Case No. 19621/2021 (State
Versus Varun Gautam and others), Case Crime No. 77/2021, Under Sections
498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana,
District Gautam Buddh Nagar on the basis of compromise.

3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 12.01.2026, 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
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
NA528 No. 10759 of 2026
2

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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