Allahabad High Court

KOMALversusSTATE OF U.P. AND ANOTHER

Decided: 8 September 2026
Bench: CHAWAN PRAKASH

Holding

The trial court must verify the compromise deed before any criminal proceeding can be quashed, and the High Court may only dispose the Section 528 application after such verification.

Summary

The applicant Komal filed an application under Section 528 of the B.N.S.S. seeking to quash a chargesheet and criminal proceedings (Sections 498A, 323 IPC and Sections 3/4 of the Dowry Prohibition Act) pending before the Chief Judicial Magistrate, Mathura, on the ground that a compromise had been reached with opposite party No.2. Both the State and opposite party No.2 did not contest the existence of the compromise and agreed that the parties could approach the trial court to file and verify a fresh compromise deed. The High Court held that verification of the compromise deed is a matter for the trial court, which must place the original deed in its record and may stay the trial for two months if the deed is filed within the stipulated period. If the deed is verified, the parties may jointly invoke the Court’s inherent powers to quash the criminal proceeding; otherwise the trial must continue. Accordingly, the application under Section 528 was disposed.

Issues considered

Can a compromise between the accused and the complainant be the basis for quashing criminal proceedings under Section 528 of the B.N.S.S.?
Whether the trial court has jurisdiction to verify a compromise deed and stay the trial pending verification?
Whether the High Court can entertain a joint application to quash the case without 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

Subjects

compromise deed
quash criminal proceeding
Section 528
inherent powers
verification
trial court jurisdiction
dowry prohibition
criminal law settlement

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37736 of 2026

Komal
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Roop Shandilya, Vinay Kumar Mishra
Counsel for Opposite Party(s) : G.A.

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

1. Sri Prakash Chandra Yadav, Advocate shall file Vakalatnama on behalf
of opposite party No.2 in the Registry.

2. Heard Sri Vinay Kumar Mishra, learned counsel for the applicant, Sri
Prakash Chandra Yadav, learned counsel for opposite party No.2, learned
A.G.A. for the State and perused the record.

3. The present application under Section 528 B.N.S.S. has been filed by
the applicants with a prayer to quash the chargesheet dated 30.06.2023
and Cognizance and summoning order dated 04.07.2024 passed by
learned Chief Judicial Magistrate, Mathura as well as entire proceeding of
Case No. 39908 of 2024 (State Versus Kuwarpal Singh and others),
arising out of Case Crime No.573 of 2023, under Sections 498A, 323 of
I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Highway,
District- Mathura, pending in the Court of Chief Judicial Magistrate,
Mathura, on the basis of compromise dated 07.08.2026 held between the
parties.

4. 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, do not want to get adjudication of alleged
criminal act and prayed that the aforesaid criminal case may be quashed.
NA528 No. 37736 of 2026
2

He further submits that the applicant shall file compromise deed before
the learned trial court for verification.

5. 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 applicant or the correctness of the documents
relied upon by him. They submit that opposite party no. 2 have no
objection, if the parties approach trial court to file compromise deed in the
given circumstances.

6. 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 a fresh 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.

7. 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.

8. 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.

9. 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.

10. 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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