Allahabad High Court
DEEPANSHU MISHRA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court held that it would not quash the proceedings but directed the parties to approach the trial court for verification of the compromise before any further order.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Case No. 16178 of 2020) on the ground that they had reached a compromise dated 19‑12‑2025. The State opposed, contending that the trial court must first verify the existence and terms of any compromise before any quashing can be ordered. The High Court, without expressing any view on the merits, directed the parties to appear before the trial court with the compromise deed for verification, after which the trial court may pass an appropriate order, including possibly quashing the case. The Court also ordered that no coercive action be taken against the applicants pending verification and that the application be disposed of. The parties were given a timeline to present the deed and obtain a certified copy of the verification report.
Issues considered
- Whether a High Court can quash criminal proceedings on the basis of a compromise without trial court verification.
- Whether the trial court must verify the compromise before any order of quashing can be entertained.
Legislation cited
- BNSS — s. 528
- D.P. Act — s. 3/4
- Indian Penal Code — s. 498-A, 504
Subjects
- compromise
- quash proceedings
- Section 528
- verification of compromise
- criminal trial
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18367 of 2026
Deepanshu Mishra And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1.Heard Mr. Rakesh Kumar Dubey, 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 proceeding of Case No.
16178 of 2020 (State v. Deepanshu & Ors.) based upon order framing charge
dated 18.06.2025 passed by C.J.M., Kanpur Nagar, in Charge Sheet No. 98
dated 29.02.2020, related to Case Crime No. 515 of 2019 Under Sections
498-A, 504 IPC & 3/4 D.P. Act at Police Station-Barra, District Kanpur
Nagar, pending in the Court C.J.M. Kanpur Nagar, in terms of compromise
dated 19.12.2025.
3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 19.12.2025, 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. 18367 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.)
May 5, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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