Allahabad High Court
SHAHRUKH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, pending verification of a compromise deed by the trial court.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. Act seeking to quash a charge sheet and criminal proceedings (Case No. 730 of 2016) involving offences under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. They claimed that they had reached an amicable compromise with the second opposite party and wished to have the case dismissed. The State Attorney General expressed no objection to the parties filing a compromise deed before the trial court. The High Court held that the trial court alone can determine the existence and validity of a compromise, directing the parties to file and have the deed verified within 30 days, after which the trial court may stay the proceedings for two months. If the deed is verified, the parties may then move a fresh joint application to quash the case. Consequently, the application under Section 528 was disposed without further order.
Issues considered
- Whether a compromise between the accused and the complainant can be the basis for quashing criminal proceedings under Section 528 of the B.N.S.S. Act
- Whether the trial court has jurisdiction to verify a compromise deed and stay the criminal trial
Legislation cited
- B.N.S.S. Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- compromise
- quash criminal proceedings
- Section 528
- Indian Penal Code
- Dowry Prohibition Act
- trial court verification
- inherent powers
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36102 of 2026
Shahrukh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Irshad Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard 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 with
the prayer to quash the charge sheet dated 19.08.2019 and cognizance
order dated 21.09.2019 as well as entire proceedings of Case No. 730 of
2016, arising out of Case Crime No. 195 of 2019, under Sections 498A,
323, 504, 506 I.P.C and 3/4 D.P Act, Police Station- Baniyather, District
Sambhal, pending in the court of Chief Judicial Magistrate, Sambhal at
Chandausi.
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. 36102 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 fresh 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 15, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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