Allahabad High Court
BHOLA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 is disposed, directing the parties to seek verification of the compromise deed before the trial court before any quash order can be entertained.
Summary
The applicants, Bhola and another, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet and criminal proceedings (Case No. 1251 of 2018) relating to offences under Sections 498‑A, 323, 504, 506 IPC and the Dowry Prohibition Act. They claimed that a compromise had been reached with the State and that the dispute was settled outside court. The State’s Advocate agreed that the parties could approach the trial court to file and verify a compromise deed. The High Court held that the trial court alone can determine the existence of a valid compromise, directing the parties to file the deed within 30 days for verification, after which the trial court may place the deed in its record and, if satisfied, the parties may jointly move to quash the proceedings. The application under Section 528 was therefore disposed without a direct order to quash the case.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise under Section 528 of the B.N.S.S.
- Whether the High Court can entertain the compromise claim or must refer it to the trial court for verification
Legislation cited
- B.N.S.S. Act — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498, 498-A, 504, 506
Subjects
- compromise
- criminal procedure
- quash of proceedings
- Section 528
- charge sheet
- inherent powers
- verification of compromise deed
- trial court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37494 of 2026
Bhola And Another
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Umair Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Mohd. Kaif, Advocate holding brief of Sri Umair Alam,
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 charge-sheet dated 24.12.2017,
cognizance/summoning order dated 04.04.2018 and entire criminal
proceedings of Case No. 1251 of 2018 (State Vs. Bhola and others),
arising out of Case Crime No. 0058 of 2017, under Sections 498-A, 323,
504, 506 I.P.C and 3/4 Dowry Prohibition Act, Police Station- Mahila
Thana, District- Mathura.
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
NA528 No. 37494 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 9, 2026
Rmk./Vinod.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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