Allahabad High Court
SUMIT SAINI AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court disposed of the application, directing that any compromise must be filed and verified in the trial court before a criminal proceeding can be quashed.
Summary
The applicants Sumit Saini and four others filed a criminal miscellaneous application under Section 528 of the BNSS seeking to quash criminal case No. 2803/2022 pending before the CJ(JD) FTC (CAW), Saharanpur, which alleged offences under IPC sections 498A, 323, 313, 354(b), 504, 506 and the DP Act. They claimed false implication and that the dispute had been amicably settled, requesting the court to stay and dismiss the proceedings. The State, represented by the Additional Government Advocate, raised no objection to a compromise if filed before the trial court. The High Court held that the question of compromise must be decided by the trial court, which may verify the settlement within 30 days and, if accepted, stay the trial for two months; otherwise the trial must continue. Accordingly, the High Court disposed of the application under Section 528, directing the parties to approach the trial court for verification and thereafter file a joint application for quash.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 BNSS on the basis of a compromise between parties
- Whether the trial court has jurisdiction to entertain and verify a compromise in the present case
Legislation cited
- BNSS — s. 528
- Domestic Violence Protection Act
- Indian Penal Code — s. 313, 323, 354(b), 498A, 504, 506
Subjects
- criminal compromise
- quash of criminal proceedings
- Section 528 BNSS
- inherent powers of court
- trial court verification
- abeyance of trial
- criminal miscellaneous application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20363 of 2025
Sumit Saini And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Siddharth
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Siddharth, learned Counsel for the applicants and learned
A.G.A.for the State. The supplementary affidavit, filed today, is taken on
record.
2. The present application has been filed under Section 528 BNSS by the
applicants with the following prayer:
"It is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow
the instant Criminal Misc application in the interest of justice and quash the entire
proceedings of Case No. 2803/2022 (State Vs. Sumit Saini and Others) pending at
CJ(JD) FTC (CAW), District Saharanpur, including the Charge Sheet dated
20.08.2022 as well as summoning order dated 21.12.2022 passed by CJ(JD) FTC
(CAW), District Saharanpur, arising out of Case Crime No. 27 of 2022, u/s 498a, 323,
313, 354(b), 504, 506 of IPC and DP Act., Police Station Mahila thana, District
Saharanpur and further be pleased to stay the further proceeding of Case No.
2803/2022 (State Vs. Sumit Saini and Others) pending at CJ(JD) FTC (CAW), District
Saharanpur, during the pendency of the present Criminal Misc. Application."
3. Learned Counsel for applicants submits that the applicants are innocent
and have been falsely implicated in this case. Learned counsel for the
applicants further submits that parties have amicably resolved their personal
dispute, therefore, opposite party no.2 does not want to get adjudication of
alleged criminal act and prayed that the aforesaid criminal case may be
quashed in pursuance to compromise.
NA528 No. 20363 of 2025
2
4. Learned A.G.A. for the State submits no objection if the parties approach
Trial Court to file compromise in the given circumstances.
5. Whether the parties have entered into compromise, can best be
adjudicated by the Trial Court. As such, the parties may appear before
the Trial Court concerned and file the compromise entered into between the
parties within 30 days, which shall be verified by the Trial Court.
6. No compromise shall be entertained by the Trial Court if the
informant/victim/injured and accused are not signatories and appear before
the Court of its verification. In case of exigency, the Trial Court shall apply
its mind and pass appropriate order.
7. For a period of two months, the proceedings of the Trial Court shall be
kept in abeyance, if the compromise is filed and verified within stipulated
period, otherwise, the Trial Court shall continue with the trial.
8. All the parties, who files compromise and get it verified, shall then file a
joint application invoking inherent power of this Court to quash the criminal
proceeding.
9. In view of above, the application under Section 528 B.N.S.S. is,
accordingly, disposed of.
(Chawan Prakash,J.)
September 23, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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