Allahabad High Court
HAJI ABDUL RASHEED ANSARI AND 8 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court held that verification of the compromise by the trial court is a prerequisite before any order of quash can be granted.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. Act seeking to quash the criminal proceedings (Case No. 75458 of 2023) arising from alleged offences under Sections 498‑A, 504, 506, 354 IPC and Sections 3/4 of the Dowry Prohibition Act. They claimed that a compromise deed dated 23‑01‑2026 had been executed, rendering the continuation of the case unnecessary and an abuse of process. The State opposed, contending that the trial court alone must verify the authenticity and terms of the compromise before any quash order can be entertained. The High Court, without addressing the merits, directed both parties to appear before the trial court with the certified compromise deed for verification within three weeks and for the trial court to record statements on compliance. The Court ordered that no coercive action be taken against the applicants pending verification and left open the possibility of a later application for quash after verification. Consequently, the application was disposed of pending further proceedings in the trial court.
Issues considered
- Whether a compromise deed can be the basis for an application under Section 528 of the B.N.S.S. Act to quash pending criminal proceedings.
- Whether the trial court must first verify the compromise before the High Court can order the quash of the case.
Legislation cited
- B.N.S.S. Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 354, 498-A, 504, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- abuse of process
- verification of compromise
- criminal law
- dowry prohibition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18595 of 2026
Haji Abdul Rasheed Ansari And 8 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandip Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Sandip Kumar Pandey, 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 proceeding of Case No.
75458 of 2023 (State Vs. Abdul Rasheed & Others) including charge-
sheet dated 26.03.2023 and Cognizance order dated 17.05.2023, arising
out Case Crime No.44 of 2023, under Sections 498-A, 504, 506, 354 IPC
and Section 3/4 of Dowry Prohibition Act, Police Station-Bhelupur,
District-Varanasi, on the basis of compromise dated 23.01.2026.
3. Learned counsel for the applicants submits that the applicants and
opposite party no.2 have amicably settled their disputes through
compromise dated 23.01.2026 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. 18595 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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