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Allahabad High Court

DURVIJAY AND 7 OTHERSversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The application under Section 528 B.N.S.S. is disposed, with the parties directed to file and have the compromise deed verified by the trial court before seeking quash of the criminal proceedings.

Summary

The applicants Durvijay and seven others filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and criminal proceedings arising from offences under Sections 498‑A, 323 IPC and Sections 3/4 of the Dowry Prohibition Act, on the ground that they had reached an amicable compromise with the State and the second opposite party. The State’s counsel did not oppose the filing of a compromise deed before the trial court. The High Court held that the validity of any compromise must be determined by the trial court, which must verify the deed and keep the trial proceedings in abeyance for two months if the deed is filed within the stipulated period. If the compromise is verified, the parties may then jointly invoke the Court’s inherent powers to seek quash of the criminal case. Accordingly, the application under Section 528 was disposed, directing the parties to approach the trial court for verification of the compromise deed.

Issues considered

  • Whether an application under Section 528 B.N.S.S. for quash of criminal proceedings can be entertained when the parties claim to have reached a compromise.
  • Whether the trial court has the jurisdiction to verify a compromise deed and stay the trial pending verification.

Legislation cited

Subjects

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

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 37519 of 2026

Durvijay And 7 Others
                                                              .....Applicant(s)
                                    Versus

State Of Up And 2 Others
                                                                 .....Opposite
                                                                       Party(s)

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

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

1. Heard Sri Vipin Gangwar, learned counsel for the applicants, Sri Jyoti
Kumar Singh, 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
31.12.2024, summoning/cognizance order dated 24.12.2025 and entire
proceedings of Case No. 1942 of 2025 (State Vs. Durvijay and others),
arising out of Case Crime No. 117 of 2024, under Sections 498-A, 323
I.P.C and Section 3/4 of D.P Act, Police Station Bhuta, District Bareilly,
on the basis of compromise dated 20.07.2026.

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. 37519 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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