Allahabad High Court
AJAY KUMAR AND 2 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 obtain trial‑court verification of the compromise deed before a joint application for quash can be entertained.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 26455 of 2022) arising from alleged offences under IPC sections 498A, 323, 506 and sections 3 and 4 of the Dowry Prohibition Act. They claimed that they had reached an amicable compromise with the opposite party and wished to avoid trial. The State and the opposite party did not contest the existence of the compromise and agreed that the matter could be settled before the trial court. The High Court held that the validity of the compromise must be determined by the trial court, directing the parties to file and have the compromise deed verified within 30 days, after which the trial proceedings would be stayed for two months. Once the deed is verified, the parties may jointly invoke the court’s inherent powers to seek quash of the criminal case. Accordingly, the application under Section 528 B.N.S.S. was disposed.
Issues considered
- Whether a criminal proceeding under Sections 498A, 323, 506 IPC and 3/4 D.P. Act can be quashed on the ground of a compromise between the parties under Section 528 of the B.N.S.S.
- What procedural steps must be complied with for a compromise to be considered valid and for a joint application to quash the case.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 506
Subjects
- compromise
- criminal proceeding
- quash
- Section 528
- inherent powers
- abeyance
- IPC
- Dowry Prohibition Act
- joint application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37188 of 2026
Ajay Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Sri Vijay Kumar Mishra, Advocate filed Vakalatnama on behalf of
opposite party No.2, is taken on record.
2. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, Sri
Vijay Kumar Mishra, learned counsel for opposite party No.2, learned
A.G.A. for the State and perused the record.
3. The present application under Section 528 B.N.S.S. has been filed by
the applicants with a prayer to quash the entire criminal proceeding
charge sheet dated 06.10.2022 and cognizance/summoning order dated
19.11.2022 as well as entire proceeding of Criminal Case No. 26455 of
2022. arising out of Case Crime No. 36 of 2022, under section 498A, 323,
506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District
Meerut, pending before the learned Civil Judge (J.D) Court No.2/Fast
Track Court Meerut.
4. 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.
5. Learned A.G.A. for the State as well as learned counsel for opposite
NA528 No. 37188 of 2026
2
party No.2 do not dispute the correctness of the submission made by
learned counsel for the applicant or the correctness of the documents
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.
6. 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 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.
7. 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.
8. 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.
9. 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.
10. 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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