Allahabad High Court
VINEET AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, with the parties directed to file and verify a compromise deed before the trial court before seeking quash.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and related proceedings on the ground that they had reached a compromise with the State. The State’s counsel did not oppose the filing of a compromise deed before the trial court. The Court held that the trial court alone can determine the existence of a valid compromise and directed the parties to file and have the deed verified within 30 days, after which the trial court may stay the proceedings for two months. If the compromise is verified, the parties may then file a fresh joint application invoking the Court’s inherent powers to quash the criminal case. Accordingly, the present application under Section 528 was disposed of.
Issues considered
- Whether a criminal proceeding under the B.N.S.S. can be quashed on the basis of a compromise between the parties
- What procedure must be followed for filing and verification of a compromise deed in such cases
Legislation cited
Subjects
- compromise
- quash
- criminal proceeding
- Section 528
- B.N.S.S.
- charge sheet
- inherent powers
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37795 of 2026
Vineet And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ratish Kumar Singh
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 No.414 of 2021 dated 20.10.2021,
cognizance/summoning order dated 23.03.2022 and entire proceedings of
Case No. 106 of 2022 (State Versus Vineet and others), arising out of
Case Crime No.477 of 2021, under Section 3/4 D.P. Act, Police Station-
Sadar Bazar, District-Saharanpur, pending in the Court of learned Civil
Judge (Junior Division) F.T.C. Saharanpur, on the basis of compromise.
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
adjudicated by the trial court. As such, the parties may appear before the
NA528 No. 37795 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 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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