Allahabad High Court

MOHAMMAD WASIversusSTATE OF U.P. AND ANOTHER

Decided: 20 September 2026
Bench: CHAWAN PRAKASH

Holding

The High Court held that the determination of a compromise and its verification must be made by the trial court, and therefore the application under Section 528 BNSS is disposed.

Summary

The applicant, Mohammad Wasi, filed an application under Section 528 of the BNSS seeking to quash a charge-sheet and non‑bailable warrant in a criminal case involving offences under Sections 498‑A, 323, 504, 506 and 313 of the IPC and the D.P. Act. The applicant claimed innocence and alleged that the parties had amicably resolved their dispute, requesting the court to quash the proceedings on the basis of a compromise. The State, represented by the Additional Government Advocate, raised no objection if the parties approached the trial court to record the compromise. The High Court held that the question of whether a compromise exists is for the trial court to determine, directing the parties to file and verify the compromise before the trial court within 30 days. The court further outlined the procedure for abeyance of trial proceedings and the filing of a joint application to invoke inherent powers for quashment. Consequently, the application under Section 528 BNSS was disposed.

Issues considered

Whether an application under Section 528 BNSS for quashing criminal proceedings can be entertained when the parties claim to have reached a compromise.
Whether the trial court has jurisdiction to entertain and verify a compromise in the pending criminal case.
Whether the High Court should dispose of the Section 528 BNSS application without further hearing.

Legislation cited

B.N.S.S. (Section 528) — s. 528
D.P. Act
Indian Penal Code — s. 313, 323, 498-A, 504, 506

Subjects

criminal procedure
quashment
compromise
Section 528 BNSS
trial court jurisdiction
inherent powers
non‑bailable warrant

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20593 of 2026

Mohammad Wasi
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Anil Kumar Mishra
Counsel for Opposite Party(s) : Adarsh Kumar Shukla, G.A., Ram
Milan

Court No. - 83
HON'BLE CHAWAN PRAKASH, J.

1. Heard Mr. Dinesh Kumar, learned Counsel holding brief of Mr. Anil
Kumar Mishra, learned Counsel for the applicant, Mr. Ram Milan, learned
Counsel for opposite party no.2 and learned A.G.A.for the State.

2. The present application has been filed under Section 528 BNSS by the
applicants with the following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to quash the impugned charge-sheet including entire further proceeding as
well as Non Bailable Warrant dated 18.09.2023, in criminal Case no. 53165 of 2018
(State Vs. Mohad. Wasi) under sections 498-A, 323, 504, 506 I.P.C., arising out of
Case Crime No. 0085 of 2018 under Sections 323, 504, 506, 498-A, 313 I.P.C., & 3/4
D. P. Act, Police Station-Bekanganj, District-Kanpur Nagar, pending before learned
court of Second Additional Chief Judicial (J.D.), Kanpur Nagar."

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.

4. Learned A.G.A. for the State submits no objection if the parties approach
Trial Court to file compromise in the given circumstances.
NA528 No. 20593 of 2026
2

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 21, 2026
Vijay

Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad

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