Allahabad High Court
HIMANSHU DUBEY @ OMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court directed that the original deed of compromise be filed before the lower court for verification before any order to quash the proceeding can be entertained.
Summary
The applicant, Himanshu Dubey, filed an application under Section 528 of the BNSS seeking to quash criminal proceedings arising from a matrimonial dispute involving charges under Sections 498A, 504, 506 IPC and the Dowry Prohibition Act. The applicant claimed that the parties had amicably settled the dispute and produced a written compromise dated 25‑06‑2024. The State opposed, arguing that the compromise had not yet been verified by the trial court. The High Court held that the compromise must first be filed before the lower court for verification and directed the applicant to do so within 15 days. The court further ordered that no coercive action be taken against the applicant until verification, and that a fresh application under Section 528 may be filed after verification.
Issues considered
- Whether a written compromise between parties can be used to quash pending criminal proceedings under Section 528 BNSS.
- Whether the compromise must be verified by the trial court before the High Court can entertain the application.
Legislation cited
- BNSS — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A, 504, 506
Subjects
- matrimonial dispute
- compromise
- quash proceeding
- Section 528 BNSS
- verification
- criminal charges
- dowry prohibition
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16148 of 2026
Himanshu Dubey @ Om
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Viajy Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Vijay Kumar Sharma, learned counsel for the applicant,
learned A.G.A. for the State and perused the record.
2. The present application has been filed u/s 528 BNSS with a prayer to
quash the entire proceeding of Cognizance order dated 29.02.2024 and other
consequential orders in Charge Sheet No. 300 of 2023 submitted on
10.12.2023 in Case No. 63 of 2024 State Versus Himanshu Dubey @ Om
and others arising out of Case Crime No. 324 of 2023 under Sections 498 A,
504, 506 I.P.C. and 3/4 D.P. Act, Police Station-Baxa, District-Jaunpur
pending in the Court of Additional Civil Judge (Senior Division) First/
Additional Chief Judicial Jaunpur.
3. Learned counsel for the applicant submits that dispute between the parties
is matrimonial in nature and now they have settled their dispute amicably
and a written compromise dated 25.06.2024 has also been entered into
between them.
4. Per contra, learned A.G.A. has raised a preliminary objection that
aforesaid compromise is yet to be verified by the court below, therefore,
applicant may be directed to file aforesaid compromise before the court
below for verification.
5. Considering the aforesaid submission, present application is disposed of
with a direction to the applicant to file original deed of compromise before
the court below, within a period of 15 days. In case, such compromise is
filed before the court below, the court below will verify the same after
NA528 No. 16148 of 2026
2
summoning the parties within a period of two months from the date of
receiving the copy of compromise.
6. After verification of the compromise, court below will dispose of the
impugned proceeding, in accordance with law.
7. It is further provided that for a period of two and a half months or till the
verification of compromise, whichever is earlier, no coercive action shall be
taken against the applicant.
8. It is further provided that applicants are at liberty to file fresh application
u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified
compromise.
April 22, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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