Allahabad High Court
JAMALUDDIN AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court declined to quash the proceedings and ordered verification of the compromise deed before the trial court, disposing of the Section 528 application.
Summary
The applicants filed a Section 528 BNSS application seeking to quash the criminal complaint (Case No. 2557 of 2008, Anjum Bano v. Dr. Rakesh Pathak & Others) that alleged offences under IPC sections 420, 468, 201, 218 and 120B. They asserted that the parties had reconciled and a written compromise deed had been filed as annexure to their affidavit. The opposite party did not dispute the factual correctness of the compromise. The High Court directed the parties to appear before the trial court with a certified copy of the order and the compromise deed for verification, and ordered the trial court to pass an appropriate order within four weeks. The application was disposed of without granting a quash, and a six‑week stay on any coercive measures against the applicants was imposed.
Issues considered
- Whether a criminal complaint can be quashed under Section 528 of the CrPC on the ground of a compromise between the parties.
- Whether the filed compromise deed is sufficient to bar continuation of the proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 BNSS
- compromise deed
- quash of criminal proceedings
- reconciliation
- Criminal Procedure Code
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37835 of 2026
Jamaluddin And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Rashid, Mohd Asif
Counsel for Opposite Party(s): Mohd. Akif, Umesh Kumar Yadav,
G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, Shri Mohd. Akif, learned
counsel for the opposite party No. 2 and learned A.G.A. for the State.
2. The present 528 BNSS application has been filed to quash the
entire proceedings of Complaint Case No. 2557 of 2008 (Smt. Anjum
Bano vs. Dr. Rakesh Pathak & Others), under sections 420, 468, 201,
218, 120B IPC, Police Station Mau Aima, District Allahabad as well
as the impugned summoning order passed by the learned Additional
Chief Judicial Magistrate, Court No. 2 Allahabad pending before the
learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad.
3. Learned counsel for the applicants submits that the parties have
reconciled their differences and compromise have entered between
them which has been reduced in writing. Compromise deed has been
filed before the trial court and the same has been filed as annexure 4
to the affidavit.
4. Learned counsel appearing for the opposite party no. 2 does not
dispute the correctness of the facts.
5. Accordingly, it is provided that the parties shall appear before the
court below along with a certified copy of this order as well as
photocopy of the compromise deed on the next date fixed. It is
therefore expected that the trial court may fix a date for the
verification of the parties and compromise entered into between the
parties and pass an appropriate order to that effect within next four
NA528 No. 37835 of 2026
2
weeks. It shall be open to the applicants to file a fresh application
528 BNSS at that stage for the relief sought herein.
6. In view of the above, the present application is disposed of.
7. For a period of six weeks, no coercive measure shall be taken
against the applicant.
September 9, 2026
Priyanka
(Deepak Verma,J.)
Digitally signed by :-
PRIYANKA KUSHWAHA
High Court of Judicature at Allahabad
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