Allahabad High Court
ARPIT AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court declined to quash the criminal proceedings and directed the parties to approach the trial court for verification of the compromise.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. Act seeking to quash the criminal proceedings (Chargesheet No. 383/2025 and cognizance order) in a case involving offences under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. They claimed that the parties had amicably settled the dispute by a compromise dated 10‑04‑2026 and argued that continuing the trial would be an abuse of process. The State opposed, stating that the trial court alone can verify the existence and terms of a compromise and that the applicants should approach that court. 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 until such verification. The Court further allowed the applicants to approach it again for quashing after the compromise is verified. The application was consequently disposed of.
Issues considered
- Whether a High Court can quash criminal proceedings on the basis of a compromise under Section 528 of the B.N.S.S. Act.
- Whether the trial court must verify the existence and terms of a compromise before any order of quash can be entertained.
Legislation cited
- B.N.S.S. Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- compromise
- criminal procedure
- quash of proceedings
- Section 528
- verification of compromise
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18714 of 2026
Arpit And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Surendra Nath Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Surendra Nath Tripathi, 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
quash the entire criminal proceeding of Chargesheet No. 383/2025 dated 07-
09-2025 as well as cognizance/summoning order dated 19-03-2026 in
Criminal Case No. 6330 of 2026 (State Vs. Arpit & Others) arising out of
Case Crime No. 341/2025 under Sections 498A, 323, 504, 506 I.P.C. and 3/4
D.P. Act, Police Station-Transport Nagar, District-Meerut which is pending
before Additional Chief Judicial Magistrate, Court No. 6, Meerut.
3. Learned counsel for the applicants submits that the parties have amicably
settled their disputes vide compromise dated 10.04.2026, 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.
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.
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
NA528 No. 18714 of 2026
2
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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