Allahabad High Court
JITENDRA @ BHURI AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The trial court, not this Court, must adjudicate the existence and validity of the compromise and, upon verification, the parties may seek quash of the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and proceedings in a criminal case (Case No. 3152 of 2021) arising from offences under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the D.P. Act. The applicants claimed that they had reached an amicable compromise with the second opposite party and wished to avoid adjudication of the alleged offences. The State and the second opposite party did not contest the existence of the compromise and agreed that the parties could approach the trial court to file and verify a fresh compromise deed. The Court held that the trial court is the appropriate forum to determine the validity of the compromise, to verify the deed, and, if satisfied, to place the deed on record and stay the trial for two months. The Court directed that once the deed is verified, the parties may jointly invoke the Court's inherent powers to quash the criminal proceeding, and accordingly disposed of the Section 528 application.
Issues considered
- Whether the parties have entered into a valid compromise that warrants quashing of the criminal proceedings under Section 528 of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 528
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- compromise deed
- quash criminal proceeding
- Section 528
- trial court verification
- inherent powers
- abeyance of trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36427 of 2026
Jitendra @ Bhuri And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhai Kumar Singh, Achal Kumar
Singh
Counsel for Opposite Party(s) : Vikas Singh, G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Abhai Kumar Singh, learned counsel for the applicant, Sri
Vikas Singh, learned counsel for opposite party No.2, learned A.G.A. for
the State and perused the record.
2. The present application under Section 528 of the B.N.S.S. has been
filed by the applicants with a prayer to quash the charge sheet dated
22.05.2008 along with summoning order dated 11.06.2008 passed by 4th
Additional Chief Judicial Magistrate, Ghaziabad and the entire
proceeding of Case No. 3152 of 2021 (State Vs. Jitendra and others),
arising out of Case Crime No.230 of 2008, under sections 498A, 323,
504, 506 1.P.C. and section 3/4 D.P. Act, Police station Masoori, District
Ghaziabad.
3. Learned counsel for the applicant submits that the applicant 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 as well as learned counsel for opposite
party No.2 do not dispute the correctness of the submission made by
learned counsel for the applicant or the correctness of the documents
NA528 No. 36427 of 2026
2
relied upon by him. They submit that opposite party no. 2 have 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
trial court and file a fresh 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 of the B.N.S.S. is
accordingly disposed of.
(Chawan Prakash,J.)
September 29, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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