Allahabad High Court
VISHAL SAHNI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed of, with the parties directed to file and verify a compromise deed before the trial court before seeking quash of the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and criminal proceedings (Case No. 62816 of 2022) arising from alleged offences under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. They claimed that they had reached an amicable compromise with the State's second party and wished to have the case dismissed. The State's Additional Government Advocate expressed no objection to the parties approaching the trial court to file and verify a compromise deed. The High Court held that any compromise must be filed before the trial court, verified by the court, and that the trial court may stay proceedings for two months pending verification. The Court directed the parties to file the compromise deed within 30 days, have it verified, and then file a fresh joint application to invoke the Court's inherent powers to quash the proceeding. Consequently, the application under Section 528 was disposed of.
Issues considered
- Whether a compromise between the parties can be the basis for quashing criminal proceedings under Section 528 B.N.S.S.
- What procedure must be followed for filing and verification of a compromise deed in a criminal trial.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498, 504, 506
Subjects
- compromise
- quash criminal proceeding
- Section 528
- Indian Penal Code
- Dowry Prohibition Act
- trial court verification
- inherent powers
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37770 of 2026
Vishal Sahni And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Gunjan Sharma, Jitendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard 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 with
the prayer to quash the charge sheet dated
31.12.2021, cognizance/summoning order dated 27.05.2022 and entire
proceedings of Case No. 62816 of 2022 (State Vs. Vishal Sahni and
others), arising out of case Crime No. 182 of 2021, under Sections 498A,
323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana,
District- Ghaziabad, pending in the court of learned Civil Judge
(J.D.)/F.T.C.-I (Crimes Against Women), Ghaziabad.
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
NA528 No. 37770 of 2026
2
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 fresh 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 16, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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