Allahabad High Court

ANKUR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: NAND PRABHA SHUKLA

Holding

The High Court held that verification of the compromise by the trial court is a prerequisite before any order quashing the criminal proceedings can be passed.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash criminal proceedings (Criminal Case No. 4843 of 2021) on the ground that they had amicably settled the dispute by a compromise dated 20‑04‑2026. The State opposed, contending that the trial court must first verify the authenticity and terms of the compromise before any quash order can be entertained. 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 and to record statements on compliance with its terms. The Court ordered that no coercive action be taken against the applicants pending verification and that the application be disposed of, leaving open the possibility of a later quash application after verification. The order thus emphasizes procedural compliance over immediate dismissal of the criminal case.

Issues considered

Whether a compromise between the parties can be a ground for quashing criminal proceedings under Section 528 BNSS.
Whether the trial court must verify the compromise before the High Court can entertain a quash application.
Whether the High Court can dismiss the proceedings without such verification.

Legislation cited

B.N.S.S. — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 498A, 506

Subjects

compromise
criminal proceeding
quash
Section 528 BNSS
verification
abuse of process
High Court
trial court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18370 of 2026

Ankur And 3 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Siddhartha Kumar Mishra
Counsel for Opposite Party(s) : G.A.

Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.

1. Vakalatnama filed on behalf of the opposite party No. 2 is taken on
record.

2. Heard Mr. Siddhartha Kumar Mishra, learned counsel for the applicants,
Mr. Safal Pandey holding brief of Mr. Manish Singh, learned counsel for the
opposite party No.2, learned A.G.A. for the State and perused the record.

3. The present application under Section 528 BNSS has been filed with a
prayer to allow the application and quash entire criminal proceeding of
Criminal Case No. 4843 of 2021 (State v. Ankur and other) arising out of
Case Crime No. 0181 of 2020, under Sections 498-A, 323, 506, IPC and 3/4
D.P Act P.S-Kataghar, District-Moradabad, cognizance order as well as
summoning order dated 24.03.2021, N.B.W Dated 15.04.2026, pending
before in the court of Chief Judicial Magistrate, Moradabad.

4. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 20.04.2026, 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.

5. 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
NA528 No. 18370 of 2026
2

with respect to compromise between the parties, which will be decided in
accordance with law.

6. 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.

7. 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.

8. Till verification of compromise between the parties by the Court
concerned, no coercive action shall be taken against the applicants in the
aforesaid case.

9. 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

Continue reading with your account

Checking your session…