Allahabad High Court
MUSTAK AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, with the matter of compromise to be decided by the trial court.
Summary
The applicants, Mustak and two others, filed an application under Section 528 of the B.N.S.S. seeking to quash criminal case No.3494 of 2017, which involved charges under IPC sections 498A, 323, 324, 506 and Dowry Prohibition Act sections 3 and 4. They claimed that the dispute had been amicably settled through a compromise and intended to file a compromise deed before the trial court for verification. The State and the opposite party did not contest the existence of the compromise or the documents presented. The Court held that the trial court, not the High Court, is the proper forum to determine the validity of the compromise, requiring the parties to file and verify the deed within 30 days, after which the trial court may stay proceedings for two months. The Court directed that once the deed is verified, the parties may jointly apply to quash the criminal proceeding, and consequently disposed of the Section 528 application.
Issues considered
- Whether an application under Section 528 B.N.S.S. for quashing a criminal proceeding can be entertained when the parties claim to have reached a compromise
- Whether the trial court, rather than the High Court, should adjudicate the existence and effect of the compromise
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 324, 498A, 506
Subjects
- compromise
- quash criminal proceeding
- Section 528
- inherent powers
- trial court verification
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37671 of 2026
Mustak And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Naushad Siddiqui, Sanjay
Kumar Srivastava
Counsel for Opposite Party(s) : Bipin Kumar, Dev Kumar Yadav, G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Mohd. Naushad Siddiqui, learned counsel for the applicants,
Sri Dev Kumar Yadav, learned counsel for opposite party No.2, 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 by
the applicants with a prayer to quash the criminal proceeding of Criminal
Case No.3494 of 2017 (State Vs. Mustak and others), arising out of Case
Crime No.165 of 2016, under sections 498A, 323, 324, 506 IPC and
Section 3/4 D.P. Act Police Station-Mahila Thana, District Muzaffar
Nagar, pending in the court of Civil Judge (Junior Division)/F.T.C. 1st
Muzaffar Nagar.
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, 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.
4. 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
learned counsel for the applicants or the correctness of the documents
relied upon by him. They submit that opposite party no. 2 have no
NA528 No. 37671 of 2026
2
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
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
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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