Allahabad High Court
SAKIR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court held that verification of a compromise in a criminal case is within the jurisdiction of the trial court, and therefore the application for quashing cannot be entertained until such verification is completed.
Summary
The applicants filed an application under Section 528 BNSS seeking to quash a summons and charge sheet in a criminal case under Section 498-A IPC and the Dowry Prohibition Act, alleging that the parties had settled the dispute by a compromise deed dated 11‑02‑2026. The respondents argued that the trial court must first verify the existence and terms of the compromise before any quash order can be entertained. The High Court, without expressing any view on the merits, directed both parties to appear before the trial court with the certified compromise deed for verification, after which the trial court may pass an appropriate order. The Court also ordered that no coercive action be taken against the applicants pending verification and that the parties may approach the High Court again for quashing after verification. Consequently, the application was disposed without granting the relief sought.
Issues considered
- Whether a criminal proceeding under Section 498-A IPC and the Dowry Prohibition Act can be quashed on the basis of a private compromise between the parties.
- Whether the High Court can entertain an application under Section 528 BNSS to quash the proceedings without verification of the compromise by the trial court.
Legislation cited
- Code of Criminal Procedure — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498-A
Subjects
- compromise deed
- quash of criminal proceedings
- Section 528 BNSS
- Section 498-A IPC
- Dowry Prohibition Act
- verification of compromise
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 11891 of 2026
Sakir And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar Srivastava, Virendra
Kumar Srivastava
Counsel for Opposite Party(s) : G.A., Gaurav Kumar Srivastava
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Shri Virendra Kumar Srivastava, learned counsel for the applicants,
Ms. Shazia Parveen, Advocate holding brief of Shri Gaurav Kumar
Srivastava, learned counsel for the opposite party No.2, learned A.G.A. for
the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash the impugned summoning order
dated 18.12.2025 and chargesheet dated 03.09.2024 as well as entire
Criminal proceedings of Case No. 24376 of 2025 (State versus Sakir &
Others) arising out of Case Crime No. 378 of 2024 under Section 498-A
I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Sikandara,
District-Agra pending in the court of Chief Judicial Magistrate, Agra on the
basis of compromise deed dated 11.02.2026.
3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 11.02.2026, which has been
placed as "Annexure No.-5" to the 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
NA528 No. 11891 of 2026
2
accordance with law.
5. In view of above, without expressing any opinion on the merits of the
case, the applicants and opposite party No. 2 are directed to appear 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
SY
(Nand Prabha Shukla,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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