Allahabad High Court
SMT BHARTI @ MEENA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the proceedings and directed that the trial court verify the compromise before any further order is made.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and criminal proceedings (Criminal Case No. 12582 of 2025) arising from offences under Sections 498A, 323, 504 IPC and the Dowry Prohibition Act, on the ground that a compromise had been reached between the parties on 20‑04‑2026. The State opposed, contending that the trial court must first verify the existence and terms of the compromise before any quashment can be ordered. 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 that verification. The Court further indicated that the applicants could approach it again after the trial court’s verification for a possible quashment. The application was therefore disposed of, pending verification of the compromise.
Issues considered
- Whether an application under Section 528 B.N.S.S. can be entertained to quash criminal proceedings on the basis of a compromise between the parties.
- Whether the High Court can directly quash the charge sheet without verification of the compromise by the trial court.
Legislation cited
- B.N.S.S. Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504
Subjects
- compromise
- quashment of criminal proceedings
- Section 528
- verification of compromise
- abuse of process
- dowry prohibition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18577 of 2026
Smt Bharti @ Meena And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Lalit Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Lalit Kumar Srivastava, 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 charge sheet dated 03.04.2025 and
summoning order dated 24.06.2025 as well as entire criminal proceeding
of Criminal Case No. 12582 of 2025 (State Vs Anil and others) arising
out of case crime no.753 of 2024 under sections 498A, 323, 504 I.P.C.
and 3/4 Dowry Prohibition Act, Police Station Sikandara, District-Agra,
pending in the Court of Chief Judicial Magistrate, Agra on the basis of
compromise taken place between the parties.
3. Learned counsel for the applicants submits that the applicants and
opposite party no.2 have amicably settled their disputes through
compromise dated 20.04.2026 which has been placed as Annexure No.
"3" 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. 18577 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.)
May 6, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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