Allahabad High Court
RAMU AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court disposed the application, directing that the parties file and have the compromise deed verified by the trial court, after which they may jointly apply to quash the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a criminal case (Criminal Case No. 3259 of 2025) arising from alleged offences under Sections 85, 115(2), 352, 351(2) and Sections 3/4 of the D.P. Act. The applicants claimed that they had reached an amicable compromise with the opposite party and wished to have the criminal proceedings terminated. The State and the opposite party did not contest the existence of the compromise and agreed that the matter could be placed before the trial court for verification. The court held that the trial court is the proper forum to examine the compromise, to verify the deed, and to place it on record, after which the parties may jointly invoke the court’s inherent powers to quash the case. Accordingly, the application under Section 528 was disposed, directing the parties to file a verified compromise deed within 30 days and observe a two‑month abeyance if the deed is filed.
Issues considered
- Whether a compromise between the accused and the complainant can be entertained to quash criminal proceedings under Section 528 of the B.N.S.S.
- Whether the trial court has jurisdiction to verify the compromise deed and place it on record
- What procedural conditions must be satisfied for the court to grant abeyance and subsequently quash the criminal case
Legislation cited
Subjects
- compromise
- criminal proceeding
- Section 528
- quash of case
- trial court verification
- inherent powers
- abeyance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 22760 of 2025
Ramu And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar, Ramanveer Singh
Varma
Counsel for Opposite Party(s) : G.A., Kirt Raj Yadav
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Kirt
Raj Yadav, learned counsel for opposite party No.2, learned A.G.A. for
the State and perused the record.
2. The present application under Section 528 of the B.N.S.S. has been
filed by the applicants with a prayer and to quash the charge sheet No.
402 of 2024 dated 16.10.2024, cognizance-cum-summoning order dated
14.02.2025 and the entire proceeding of Criminal Case No. 3259 of 2025
(State Vs. Ramu and 4 Others), arising out of Case Crime No. 465 of
2024, under Sections 85, 115 (2), 352, 351 (2), and Section 3/4 of D.P.
Act, Police Station Civil Lines, District Budaun, pending in the Court of
learned Chief Judicial Magistrate, Budaun.
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 as well as learned counsel for opposite
party No.2 do not dispute the correctness of the submission made by
learned counsel for the applicant or the correctness of the documents
NA528 No. 22760 of 2025
2
relied upon by him. They submit that opposite party no. 2 have 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
adjudicated by the trial court. As such, the parties may appear before the
trial court and file a fresh 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 of the B.N.S.S. is
accordingly disposed of.
(Chawan Prakash,J.)
October 1, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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