Allahabad High Court

DIVYANSHU GAUTAM AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 7 September 2026
Bench: CHAWAN PRAKASH

Holding

The court disposed of the application under Section 528 BNSS, directing the parties to file and verify the compromise deed before the trial court and thereafter jointly seek quashment of the criminal proceeding.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash a charge sheet and the criminal proceedings (Criminal Case No. 32543 of 2026) arising from offences under Sections 85, 115(2) and 352 IPC. The applicants claimed that they had reached an amicable compromise with the opposite party No.2 and wished to have the case dismissed. The State and the opposite party did not contest the existence of the compromise and agreed that the parties could approach the trial court to file and verify the compromise deed. The court held that verification of the compromise deed is a matter for the trial court, which may stay the trial for two months if the deed is filed within the stipulated period, and thereafter the parties may jointly invoke the court’s inherent powers to quash the proceeding. Accordingly, the application under Section 528 BNSS was disposed, and the original compromise deed was ordered to be returned to the applicants’ counsel.

Issues considered

Whether an application under Section 528 of the BNSS for quashing a criminal proceeding can be entertained when the parties have entered into a compromise.
Whether the trial court has jurisdiction to verify a compromise deed and stay the criminal trial.
Whether the parties must file a joint application invoking the inherent powers of the court after verification of the compromise deed to obtain quashment of the proceeding.

Legislation cited

B.N.S.S. — s. 528
Indian Penal Code — s. 115(2), 352, 85

Subjects

compromise deed
quash criminal proceeding
Section 528 BNSS
Indian Penal Code
inherent powers of court
trial court verification
abeyance of trial

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37305 of 2026

Divyanshu Gautam And 2 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Anubhav Shukla, Chandra Bhan Dubey
Counsel for Opposite Party(s) : G.A.

Court No. - 83
HON'BLE CHAWAN PRAKASH, J.

1. Sri Akash Tiwari, Advocate filed Vakalatnama and short counter
affidavit on behalf of opposite party No.2, is taken on record.

2. Heard Sri Anubhav Shukla, learned counsel for the applicant, Sri
Akash Tiwari, 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 charge sheet dated 12.05.2026,
impugned summoning order dated 27.07.2026 passed by learned A.C.J.M.
Court No.1, Jhansi and entire proceeding of the Criminal Case No. 32543
of 2026 (State Versus Divyanshu and others) arising out of Case Crime
No.168 of 2026, under Sections 85, 115(2), 352, B.N.S. Police Station
Prem Nagar District Jhansi.

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
party No.2 do not dispute the correctness of the submission made by
NA528 No. 37305 of 2026
2

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.

11. Office is directed to return the original compromise deed to learned
counsel for applicants.

(Chawan Prakash,J.)
September 8, 2026
Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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