Allahabad High Court

GUDDU AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 8 September 2026
Bench: CHAWAN PRAKASH

Holding

The application under Section 528 B.N.S.S. is disposed, directing the parties to file and verify a compromise deed before the trial court before any quash order can be sought.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the cognizance order and all proceedings in a criminal case (Sections 498‑A, 323 IPC and Sections 3/4 D.P. Act) on the ground that they had reached a compromise with the second opposite party. The State opposed only on the ground that it had no objection to the parties filing a compromise deed before the trial court. The Court held that the trial court alone can determine the existence and validity of a compromise, requiring the parties to file and have the deed verified within 30 days, after which the trial court may place the deed in its record and, if satisfied, the parties may jointly invoke the Court’s inherent powers to quash the proceedings. The Court directed that if the compromise is not filed and verified, the trial court shall continue the trial. Consequently, the application under Section 528 B.N.S.S. was disposed without granting the quash order.

Issues considered

Whether a compromise between the parties can be used to quash pending criminal proceedings under Section 528 B.N.S.S.
Whether the trial court has jurisdiction to verify a compromise deed and direct the quash of the criminal case.

Legislation cited

B.N.S.S. — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 498-A

Subjects

compromise
criminal procedure
quash of proceedings
Section 528
cognizance order
inherent powers
trial court verification

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37487 of 2026

Guddu And 4 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ashutosh
Counsel for Opposite Party(s) : G.A.

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

1. Heard learned counsel for the applicants, 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 with
the prayer to quash the cognizance order dated 05.07.2016 as well as
entire proceedings (including charge sheet) of Case No. 7859 of 2016,
arising out of Case Crime No. 215 of 2014, under Sections 498-A, 323
IPC and 3/4 D.P. Act, Police Station Swar, District Rampur, pending in
the Court of learned Additional Chief Judicial Magistrate, Ilnd, District
Rampur, on the basis of the compromise.

3. 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, does not want to get adjudication of alleged
criminal act and prayed that the aforesaid criminal case may be
quashed. He further submits that the applicants shall file compromise
deed before the learned trial court for verification.

4. Learned A.G.A. for the State 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
adjudicated by the trial court. As such, the parties may appear before the
NA528 No. 37487 of 2026
2

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 9, 2026
Rmk.

Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad

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