Allahabad High Court
VIKKY @ VAIBHAV SHARMA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
A compromise in a criminal matter must be filed and verified before the trial court, after which the parties may seek quash of the proceeding using the court's inherent powers.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a criminal case (Case No. 44289 of 2024) on the ground that they had reached an amicable compromise with the State. The State did not oppose the compromise and agreed that the parties could approach the trial court to file and verify the compromise deed. The court held that the trial court alone can adjudicate the existence of a compromise, requiring the deed to be filed, verified, and placed in the court record, with the victim and accused as signatories. If verified within 30 days, the trial proceedings are stayed for two months; otherwise, the trial proceeds. After verification, the parties may jointly invoke the court's inherent powers to seek quash of the criminal proceeding. Accordingly, the application under Section 528 was disposed without granting an immediate quash.
Issues considered
- Whether a compromise between the parties can be the basis for quashing criminal proceedings under Section 528 B.N.S.S.
- Whether the trial court can entertain a compromise when the informant/victim and accused are signatories.
- What procedural steps must be followed for filing and verification of a compromise deed in a criminal case.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 341, 504, 506
Subjects
- compromise
- criminal procedure
- quash of criminal proceeding
- Section 528
- inherent powers
- trial court verification
- abeyance of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 2117 of 2026
Vikky @ Vaibhav Sharma And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Pramod Kumar Pandey, 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 for
quashing the entire proceeding as well as the charge sheet dated
18.05.2024 and cognizance/summoning order dated 4.12.2024 along with
N.B.W. order dated 26.9.2025 passed by Chief Judicial Magistrate, Bijnor
in Case No.44289 of 2024 (State Vs. Vikky @ Vaibhav and others)
arising out of Case Crime No.284 of 2024 under Sections 341, 323, 504,
506 I.P.C., Police Station Kotwali City, District Bijnor.
3. Learned counsel for the applicant submits that the applicant and
opposite party no. 2 have entered into a compromise and they have
amicably settled their dispute outside the court and no dispute is pending
between them, therefore, do not want to get adjudication of alleged
criminal act and prayed that the aforesaid criminal case may be quashed.
He further submits that the applicant shall file compromise deed before
the learned trial court for verification.
4. Learned A.G.A. for the State does not dispute the correctness of the
submission made by learned counsel for the applicants or the correctness
of the documents relied upon by him. He submits that he has no objection,
if the parties approach trial court to file compromise deed in the given
circumstances.
5. Whether the parties have entered into compromise, can best be
NA528 No. 2117 of 2026
2
adjudicated by the trial court. As such, the parties may appear before the
trial court and file the compromise deed entered into between the parties
within 30 days, which shall be verified by the trial court. The trial court
shall place the original compromise deed in its record.
6. No compromise shall be entertained by the trial court if the
informant/victim 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 in
accordance with law.
8. All the parties, who files compromise deed 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.)
April 20, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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