Allahabad High Court
GOURAV AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, with the parties directed to file and have the compromise deed verified by the trial court before any joint application for quash can be entertained.
Summary
The applicants (Gourav and six others) filed an application under Section 528 of the BNSS seeking to quash the charge sheet, cognizance order and the entire criminal proceedings in Case No. 34119 of 2026, alleging that they had reached a compromise with opposite party No.2 and settled the dispute out of court. The State’s Additional Government Advocate did not contest the claim of compromise and indicated no objection to the parties filing a compromise deed before the trial court. The High Court held that the trial court, not the appellate court, is the proper forum to determine the existence of a compromise, and directed the parties to file and have the deed verified within 30 days, after which the trial proceedings would be stayed for two months. If 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 was disposed, with the parties instructed to approach the trial court for verification of the compromise.
Issues considered
- Whether an application under Section 528 BNSS for quashing criminal proceedings can be entertained when the parties claim to have reached a compromise.
- Whether the trial court has jurisdiction to verify a compromise deed and stay the criminal trial.
- What procedure must be followed for filing and verification of a compromise deed in a criminal case.
Legislation cited
Subjects
- compromise
- criminal procedure
- quash of proceedings
- Section 528
- inherent powers
- verification of compromise deed
- stay of trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37289 of 2026
Gourav And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Sri Amitesh Kumar Srivastava, Advocate filed Vakalatnama on behalf
of opposite party No.2, is taken on record.
2. Heard Sri Pradeep Kumar, learned counsel for the applicants,
Sri Amitesh Kumar Srivastava, learned counsel for opposite party No.2 as
well as 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 charge sheet dated 28.03.2026,
cognizance order dated 04.06.2026 and entire proceedings of Case No.
34119 of 2026 (State Versus Gourav and others), arising out of Case
Crime No. 07 of 2026, against the applicant no. 1, 2, 3 and 4, under
Sections 85, 115(2), 352 B.N.S. & Section 3/4 D.P. Act and against the
applicant nos. 5, 6 and 7 under Sections 115(2), 352 Β.N.S. Police Station
-Pakbara, District Moradabad.
4. 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.
5. Learned A.G.A. for the State does not dispute the correctness of the
NA528 No. 37289 of 2026
2
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.
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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