Allahabad High Court
VIKAS AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the proceedings and directed verification of the compromise by the trial court before any further relief can be granted.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and proceedings in a criminal case (Sections 498A, 323, 504, 506 IPC and Sections 3/4 D.P. Act) on the ground that the parties had amicably settled the dispute by a compromise dated 06‑04‑2026. The opposite party did not contest the existence of the compromise but the Attorney General argued that the trial court alone must verify the compromise before any quash order can be passed. The High Court, without expressing any view on 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 compliance with the terms of the compromise. The High 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 application for quash after verification. The order thus emphasizes procedural compliance over substantive dismissal of the criminal case.
Issues considered
- Whether an application under Section 528 BNSS seeking quash of criminal proceedings can be disposed of solely on the basis of a compromise without trial‑court verification.
- Whether the trial court has exclusive jurisdiction to verify the authenticity and fulfillment of a compromise deed in a criminal matter.
- Whether the High Court can stay coercive action pending such verification.
Legislation cited
- B.N.S.S. — s. 528
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- compromise deed
- quash of criminal proceedings
- Section 528 BNSS
- verification of compromise
- procedural direction
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18657 of 2026
Vikas And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Ojha
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Mr. Amarjeet Upadhyay, learned counsel has filed his Power on behalf of
opposite party No. 2 which is taken on record.
2. Heard Mr. Sanjay Ojha, learned counsel for the applicants, Mr. Aijaj
Ahmad Khan, holding brief of Mr. Amarjeet Upadhyay, 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 B.N.S.S. has been filed to
allow the application and quash the charge sheet dated 29.12.2023 and
cognizance/summoning order dated 31.07.2024 passed by learned Chief
Judicial Magistrate, Amroha and entire proceeding of Case No. 1101 of
2024 (State Vs. Vikas and others) arising out of Case Crime No. 615 of 2023
under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police
Station-Didoli, District-Amroha, pending in the court of learned Civil Judge
(J.D.)/Judicial Magistrate/F.T.C. II, Amroha.
4. Learned counsel for the applicants submits that the parties have amicably
settled their disputes vide compromise dated 06.04.2026, which has been
placed as Annexure No. '4' to the present 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 counsel for the opposite party No. 2 does not dispute the
submissions advanced by the learned counsel for the applicants or
NA528 No. 18657 of 2026
2
correctness of the documents relied upon by him.
6. 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.
7. 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.
8. 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.
9. Till verification of compromise between the parties by the Court
concerned, no coercive action shall be taken against the applicants in the
aforesaid case.
10. With the aforesaid directions, this application is disposed of.
May 6, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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