Allahabad High Court
VIJAY KUMAR SHARMA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, directing the parties to approach the trial court for verification of the compromise deed and thereafter file a joint application to quash the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 45358 of 2022) arising from alleged offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They claimed that the dispute had been amicably settled through a compromise deed and requested that the case be dismissed. The State’s Additional Government Advocate did not contest the claim and had no objection to the filing of the compromise deed before the trial court. The High Court held that the validity of any compromise must be determined by the trial court, which may verify the deed within 30 days and, if satisfied, place it on record. The court directed the parties to file the verified compromise deed before the trial court and thereafter file a joint application invoking the court’s inherent powers to quash the criminal proceeding. Accordingly, the application under Section 528 was disposed of.
Issues considered
- Whether a criminal proceeding under Sections 498‑A, 323, 504, 506 IPC and the Dowry Prohibition Act can be quashed on the basis of a compromise between the parties.
- Whether the trial court has the jurisdiction to verify a compromise deed and stay the proceedings.
- What procedural steps must be complied with before a joint application for quash can be filed.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- compromise deed
- criminal procedure
- quash of criminal case
- Section 528
- Section 498A
- Dowry Prohibition Act
- inherent powers of court
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36163 of 2026
Vijay Kumar Sharma And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Sandeep Kumar Chaturvedi, 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 by
the applicants with a prayer to quash the entire proceedings of Case no.
45358 of 2022 (State versus Vijay Kumar Sharma & others), arising out
of Case Crime no. 95/2022, under Section 498-A, 323, 504, 506 I.P.C. &
3/4 D.P. Act, Police Station Tiwaripur, District Gorakhpur, pending in the
court of learned Additional Chief Judicial Magistrate-II, Gorakhpur.
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, 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 does not dispute the correctness of the
submission made by learned counsel for the applicants or the correctness
of the documents relied upon by him. He 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
NA528 No. 36163 of 2026
2
adjudicated by the trial court. As such, the parties may appear before the
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.)
September 8, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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