Allahabad High Court
SARAS KUMAR @ SETHI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that the determination of a compromise and any consequent quashal of the criminal proceeding must be decided by the trial court, and therefore disposed of the Section 528 application.
Summary
The applicants 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 498A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They claimed that they had reached an amicable compromise with the second opposite party and wished to have the case dismissed. The State did not oppose the claim of compromise and agreed that the parties could approach the trial court to file and verify the compromise deed. The High Court held that the existence and validity of a compromise must be determined by the trial court, which may then place the deed on record, stay the trial for two months, and, if satisfied, allow a joint application to quash the proceedings. Consequently, the application under Section 528 was disposed, directing the parties to approach the trial court for verification of the compromise.
Issues considered
- Whether a compromise between the accused and the complainant can be entertained and lead to quashment of criminal proceedings under Section 528 of the B.N.S.S.
- Whether the High Court can directly quash the criminal case or must refer the matter to the trial court for verification of the compromise deed
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- compromise deed
- quashment of criminal proceedings
- Section 528
- trial court jurisdiction
- inherent powers
- settlement of criminal case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37701 of 2026
Saras Kumar @ Sethi And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Deepak Kumar Verma, 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 by
the applicants with a prayer to quash the charge sheet No.256 of 2023
dated 03.09.2023, summoning/cognizance order dated 02.09.2024 and
entire proceedings of Criminal Case No.31938 of 2024 (State Versus
Saras Kumar @ Sethi And Others) arising out of Case Crime No.609 of
2022, under Sections-498A, 323, 504, 506 IPC & Section-3/4 D.P. Act,
Police Station-Akbarpur, District-Kanpur Dehat, pending in the Court of
the learned Chief Judicial Magistrate, Kanpur Dehat.
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 applicants shall file compromise deed before
the learned trial court for verification.
4. Learned A.G.A. for the State does not dispute the correctness of the
submission made by learned counsel for the applicants or the correctness
of the documents relied upon by him. He submits that he has no objection,
if the parties approach trial court to file compromise deed in the given
circumstances.
NA528 No. 37701 of 2026
2
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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