Allahabad High Court
TARIQUE JAMALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that the parties may file and have the compromise deed verified by the trial court, after which they may jointly apply to quash the criminal proceedings, and accordingly disposed of the application under Section 528.
Summary
The applicant, Tarique Jamam, filed an application under Section 528 of the B.N.S.S. seeking to quash a criminal case (Case No. 16480 of 2026) arising from alleged offences under IPC sections 498‑A and 308. The applicant claimed that he and the second opposite party had reached an amicable compromise and wished to avoid adjudication of the criminal matter. The State’s Additional Government Advocate did not contest the compromise and agreed that the parties could approach the trial court to file and verify the compromise deed. The High Court directed that the parties may file the deed before the trial court within 30 days, which, if verified, would stay the trial for two months and allow a joint application to invoke the court’s inherent powers to quash the proceedings. Consequently, the application under Section 528 was disposed of with these directions.
Issues considered
- Whether a compromise between the accused and the complainant can be entertained under Section 528 of the B.N.S.S. to lead to quashing of criminal proceedings.
- Whether the trial court may verify a compromise deed and stay the trial pending verification.
- Whether the application for quash of the criminal case should be disposed of in view of the compromise.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 308, 498-A
Subjects
- compromise
- criminal procedure
- quash of proceedings
- Section 528
- IPC 498-A
- IPC 308
- inherent powers
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37174 of 2026
Tarique Jamal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Meraj Ahmad, Sajjad Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Meraj Ahmad, learned counsel for the applicant, 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 applicant with a prayer to quash the charge sheet dated 15.07.2024,
cognizance/summoning order dated 27.05.2026 and entire criminal
proceedings of Case No. 16480 of 2026 (State Vs Tarique Jamal), arising
out of Case Crime No. 202 of 2024, U/s 498-A and 308 IPC, Police
Station- Kotwali Mau, District Mau,
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 does not dispute the correctness of the
submission made by learned counsel for the applicant 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. 37174 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
Checking your session…