Allahabad High Court
DILSHAD AND 10 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court held that verification of the compromise must be undertaken by the trial court and therefore disposed of the application without deciding on the merits.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings and charge sheets arising from a case under Sections 498A, 323 IPC and Sections 3/4 of the Dowry Prohibition Act, claiming that the parties had settled their dispute by compromise. The State opposed, stating that the trial court must verify the existence and terms of any compromise before any quash order can be granted. 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 such verification. The court further directed that the trial court record statements on fulfillment of the compromise terms and may thereafter pass an appropriate order, after which the applicants could approach the High Court again for quashment. Consequently, the application was disposed of pending verification of the compromise.
Issues considered
- Whether a High Court can quash criminal proceedings on the basis of a claimed compromise without trial court verification.
- Whether the High Court should direct the trial court to verify the compromise before entertaining a quash application.
Legislation cited
- BNSS Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
Subjects
- compromise
- quash of proceedings
- Section 528 BNSS
- criminal procedure
- verification of compromise
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16554 of 2026
Dilshad And 10 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Ali Imam
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Syed Ali Imam, 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
allow this application and to quash the entire proceedings, including the
charge sheets dated 21.09.2005 and 24.03.2006, as well as their respective
summoning orders dated 28.09.2005 and 18.04.2006, arising out of Case
Crime No. 165 of 2005, Crl. Case No. 6845 of 2021 (Old Case No. 2685
of 2005), under sections 498A, 323 I.P.C. and 3/4 D. P. Act, Police
Station Murad Nagar, District Ghaziabad, presently pending before the
Additional Chief Judicial Magistrate-VI, Ghaziabad.
3. Learned counsel for the applicants submits that the applicants and
opposite party no.2 have amicably settled their disputes through
compromise dated 12.02.2026 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 accordance with law.
NA528 No. 16554 of 2026
2
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 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.
(Nand Prabha Shukla,J.)
April 23, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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