Allahabad High Court
RAVI MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed of, pending the filing and verification of the compromise before the trial court.
Summary
The applicant, Ravi Mishra, filed an application under Section 528 of the BNSS seeking to quash Criminal Case No. 2183 of 2026, which arose from a chargesheet filed under Sections 85, 115(2), 351(3) of the B.N.S. and Sections 3/4 of the D.P. Act. The applicant claimed innocence and asserted that the parties had amicably resolved their dispute, requesting that the criminal proceeding be terminated on the basis of a compromise dated 12.08.2026. The State, represented by the A.G.A., raised no objection provided the parties approach the trial court to file and verify the compromise. The Court examined whether a compromise can be adjudicated by the trial court, the procedural requirements for verification, and the effect on the pending trial. It held that the parties must file the compromise before the trial court within 30 days, after which the trial may be stayed for two months, and only then may a joint application be made to invoke the court’s inherent power to quash the proceeding. Accordingly, the application under Section 528 BNSS was disposed of.
Issues considered
- Can a compromise between parties be used to quash a criminal proceeding under Section 528 of the BNSS?
- Whether the trial court has jurisdiction to entertain and verify a compromise in such cases?
- What procedural steps must be complied with before a joint application for quashing can be filed?
Legislation cited
Subjects
- compromise
- quash of criminal proceeding
- Section 528
- inherent powers of court
- trial court verification
- abeyance of trial proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35873 of 2026
Ravi Mishra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjana Singh, Dev Prakash Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Dev Prakash Singh, learned Counsel for the applicant and
learned A.G.A.for the State.
2. The present application has been filed under Section 528 BNSS by the
applicant with the following prayer:
"It is, therefore, most respectfully that this Hon'ble court may graciously be pleased to
allow the present application and be pleased to quash the entire proceeding of
Criminal Case No. 2183 of 2026 (State Vs Ravi Mishra) arising out from the
impugned cognizance order dated 02.04.2026 passed by the learned Court of Civil
Judge (J.D.) F.T.C., Chitrakoot over the chargesheet dated 19.03.2026 submitted by
the investigating officer in Case Crime No. 104 of 2026, Under Section 85, 115(2),
351(3) of B.N.S. and 3/4 D.P. Act, related to Police Station Karwi District Chitrakoot
on the basis of compromise dated 12.08.2026."
3. Learned Counsel for applicants submits that the applicant is innocent and
has been falsely implicated in this case. Learned counsel for the applicant
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. 35873 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 8, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
Checking your session…