Allahabad High Court
KRISHNA CHAURASIYAversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed of, directing the parties to file and verify a compromise deed in the trial court before seeking quash of the criminal proceeding.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and the criminal proceedings (Criminal Case No. 73 of 2026) on the ground that the parties had reached an amicable compromise. The State opposed no objection to filing a compromise deed before the trial court. The Court held that the determination of a compromise is within the jurisdiction of the trial court, which must verify the deed and place it in its record. If the compromise is filed and verified within 30 days, the trial proceedings will be stayed for two months; otherwise the trial will continue. After verification, the parties may jointly invoke the Court's inherent powers to quash the criminal case. Accordingly, the application under Section 528 was disposed of.
Issues considered
- Whether a compromise between the accused and the complainant can be used to quash criminal proceedings under Section 528 of the B.N.S.S.
- Whether the trial court has jurisdiction to verify a compromise deed and stay proceedings
- Procedural requirements for filing and verifying a compromise deed in a criminal case
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. - 37597 of 2026
Krishna Chaurasiya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Chaurasia, Sudhanshu
Chaurasia
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for the applicant, 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 23.10.2025,
cognizance/summoning order 03.01.2026 and entire proceedings of
Criminal Case No. 73 of 2026 (State Vs. Krishna Chaurasiya and others),
arising out of case Crime No. 83 of 2025, under Sections 85, 115(2), 352,
351(3) B.N.S. and 3/4 D.P. Act, Police Station Suhwal, District Ghazipur,
pending in the Court of C.J.M. Ghazipur.
3. 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, 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 applicant 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. 37597 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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