Allahabad High Court

KAMAL KANT AGARWAL AND 2 OTHERSversusSTATE OF U.P.

Decided: 4 May 2026
Bench: CHAWAN PRAKASH

Holding

The High Court held that the determination of a compromise and any consequent quash of criminal proceedings must be decided by the trial court after verification of a duly filed compromise deed.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the cognizance, summons and charge sheet in a criminal case alleging offences under Sections 467, 468, 471, 420, 406, 504 and 506 of the IPC. They claimed that a compromise had been reached with the State and that the dispute was settled out of court, requesting the criminal proceedings be dismissed. The State’s counsel did not oppose the filing of a compromise deed before the trial court. The High Court held that the existence and validity of a compromise is a matter for the trial court, directing the parties to file and have the compromise deed verified within 30 days, after which the trial court may place it on record and, if satisfied, the parties may jointly move to quash the case. The Court also stipulated that a compromise cannot be entertained unless the victim and accused are signatories, and provided for a two‑month abeyance of trial proceedings pending verification. Consequently, the application under Section 528 was disposed without granting the quash order.

Issues considered

Whether the High Court can quash criminal proceedings under Section 528 B.N.S.S. on the basis of a claimed compromise between the parties.
Whether the trial court is the appropriate forum to determine the existence and validity of a compromise in a criminal case.
What procedural requirements must be satisfied for a compromise to be considered for quashing the criminal proceeding.

Legislation cited

B.N.S.S. — s. 528
Indian Penal Code — s. 406, 420, 467, 468, 471, 504, 506

Subjects

compromise
criminal proceeding
Section 528
quash
inherent power of court
verification
trial court jurisdiction
abeyance of proceedings

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 2438 of 2026

Kamal Kant Agarwal And 2 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Amrendra Singh, Vinayak Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 79
HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Amrendra Singh, learned counsel for the applicants, learned
A.G.A. for the State and perused the record.

2. The applicant filed the present application under Section 528 B.N.S.S.
to quash the impugned cognizance and summoning order dated
29.04.2008, Charge Sheet dated 03.04.2008 as well as entire proceedings
of Case No. 897 of 2011 (State Vs. Kamal Kant and others), arising out of
Case Crime No. 13 of 2008, under Sections 467, 468, 471, 420, 406, 504,
506 I.P.C., Police Station Nawabganj, District Bareilly, pending in the
court of J.M. Nawabganj, Bareilly.

3. Learned counsel for the applicants submits that the applicants 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, does not want to get adjudication of alleged
criminal act and prayed that the aforesaid criminal case may be quashed.
He further submits that the applicants shall file compromise deed before
the learned trial court for verification.

4. Learned A.G.A. for the State 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
adjudicated by the trial court. As such, the parties may appear before the
NA528 No. 2438 of 2026
2

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.)
May 5, 2026
Rmk.

Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad

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