Allahabad High Court
DIVYANSHU PANDEY @ HAPPY AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that the application under Section 528 BNSS is disposed and the parties must approach the trial court to file and verify the compromise before any quash order can be entertained.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash Criminal Case No. 159479 of 2025, alleging false implication and claiming that the underlying personal dispute has been amicably resolved. They requested that the case be dismissed on the basis of a compromise between the parties. The State's Additional Government Advocate indicated no objection if the parties approach the trial court to file and verify the compromise. The Court outlined the procedural requirements: the compromise must be filed within 30 days, verified by the trial court, and the trial proceedings will be stayed for two months pending verification. If the compromise is properly filed and verified, the parties may jointly invoke the Court's inherent powers to seek quash. Accordingly, the Court disposed of the application, directing the parties to follow the prescribed procedure before any quash order can be considered.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise between the parties under Section 528 BNSS.
- What procedural steps must be complied with for filing and verification of a compromise in a criminal case.
- Whether the trial court may entertain a compromise when the informant/victim and accused are signatories.
Legislation cited
Subjects
- criminal procedure
- compromise
- quash of criminal proceeding
- Section 528
- inherent powers of court
- trial court verification
- abeyance of trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34621 of 2026
Divyanshu Pandey @ Happy And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shailendra Kumar Ojha
Counsel for Opposite Party(s) : Ashutosh Mishra, G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. S. K. Ojha, learned Counsel for the applicants, Mr. Ashutosh
Mishra, 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 graciously may be
pleased to quashed the entire proceeding of Criminal Case No. 159479 of 2025 (State
vs. Divyanshu Pandey @ Happy and others) along with chargesheet dated 27/2/2025
and cognizance order dated 24/11/2025 arising out of Case Crime No. 11 of 2025,
under Section 85, 115(2), 351(3), 352 B.N.S. and 3/4 D.P. Act Police Station
Kalyanpur, District 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.
5. Whether the parties have entered into compromise, can best be
NA528 No. 34621 of 2026
2
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 8, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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