Allahabad High Court

VIVEK AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: NAND PRABHA SHUKLA

Holding

The High Court ordered verification of the compromise by the trial court and disposed of the application without quashing the proceedings.

Summary

The applicants filed an application under Section 528 of the BNSS seeking quash of a charge sheet and summons in a criminal case involving offences under Sections 498A, 323, 504, 506, 354 IPC and the Dowry Prohibition Act, on the ground that the parties had amicably settled the dispute by a compromise dated 11‑11‑2025. The State opposed, contending that the trial court must 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 both parties to appear before the trial court with the certified compromise deed for verification, and ordered that no coercive action be taken pending such verification. The Court further stated that after verification, the parties could approach the High Court again for quashing the proceedings. Consequently, the application was disposed of pending verification of the compromise.

Issues considered

The applicability of Section 528 BNSS to quash criminal proceedings on the basis of a compromise.
Whether the trial court must verify the compromise before the High Court can order quash of the charge sheet.
The procedural propriety of continuing criminal proceedings after a compromise has been executed.

Legislation cited

BNSS Act — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 354, 498A, 504, 506

Subjects

compromise deed
quash of charge sheet
Section 528 BNSS
criminal procedure
verification of compromise
IPC offences
Dowry Prohibition Act
abuse of process

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18683 of 2026

Vivek And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Mohit Kumar Singh, Sujata Choudhary
Counsel for Opposite Party(s) : G.A.

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

1. Heard Ms. Sujata Choudhary, 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 the present application and quash the impugned charge sheet dated
08.10.2023 as well as impugned summoning order dated 28.03.2025 passed
by the learned Civil Judge (Junior Division)/Fast Track Court, Court No.1,
Agra and entire proceedings of Criminal Case No. 6940 of 2025 (State vs.
Vivek and Others) arising out of Case Crime No.116 of 2023, under Sections
498A, 323, 504, 506, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act,
Police Station-Mahila Thana, District-Agra, pending before the Court of
learned Judicial Magistrate-2nd, Agra on the basis of Compromise dated
11.11.2025 executed between the parties.

3. Learned counsel for the applicants submits that the parties have amicably
settled their disputes vide compromise dated 11.11.2025, which has been
placed as Annexure No. '3' 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.

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. 18683 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.

May 6, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)

Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad

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