Allahabad High Court
MOHD AASIM AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
Verification of a compromise in a criminal matter is within the jurisdiction of the trial court, and the High Court cannot quash the proceedings without such verification.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 4952 of 2025) arising from offences under Sections 498A, 323, 504 IPC and the Dowry Prohibition Act, on the ground that the parties had amicably settled the dispute through a compromise dated 26‑03‑2026. The State opposed, contending that the trial court alone must verify the existence and terms of any compromise before any dismissal can be ordered. The High Court examined the submissions without expressing any view on the merits and directed the parties to appear before the trial court with the certified compromise deed for verification. It further instructed the trial court to record statements on compliance with the compromise and to pass an appropriate order within three months, after which the applicants could again approach the High Court for quashing. Until the compromise is verified, no coercive action shall be taken against the applicants, and the application was disposed of.
Issues considered
- The High Court’s jurisdiction to quash criminal proceedings on the basis of a compromise under Section 528.
- Whether verification of a compromise between parties in a criminal case is the exclusive domain of the trial court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504
Subjects
- compromise
- criminal proceedings
- quash
- Section 528
- verification of compromise
- abuse of process
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16657 of 2026
Mohd Aasim And 3 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 Mr. 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 BNSS has been filed with a
prayer to allow this application and quash the entire proceedings, including
the charge sheet dated 22.06.2021 as well as summoning order dated
10.08.2021, Criminal Case No. 4952 of 2025 (Old Case No. 9148 of 2021),
arising out of Case Crime No. 64 of 2021, under Sections 498A, 323, 504
I.P.C. and 3/4 D. P. Act, Police Station Vijay Nagar, District Ghaziabad,
pending before the Additional Chief Judicial Magistrate, Court No.5,
Ghaziabad.
3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 26.03.2026, which has been
placed as "Annexure No.-4" 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. 16657 of 2026
2
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.
(Nand Prabha Shukla,J.)
April 23, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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