Allahabad High Court
RASHID AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, directing the parties to approach the trial court for verification of the compromise deed before any further relief can be granted.
Summary
The applicants, Rashid and three others, filed an application under Section 528 of the BNSS seeking to quash a criminal case (Case No. 1361 of 2024) pending under IPC sections 498‑A, 323, 324, 504 and Sections 3 and 4 of the Dowry Prohibition Act. They claimed that they had reached an amicable compromise with the opposite party and wished to avoid adjudication of the alleged offences. The State and the opposite party expressed no objection to the filing of a compromise deed before the trial court. The High Court held that the validity of any compromise must be determined by the trial court, directing the parties to file and have the deed verified within 30 days, after which the trial court may stay proceedings for two months. After verification, the parties may jointly invoke the Court’s inherent powers to seek quash of the criminal proceeding. Accordingly, the application under Section 528 was disposed.
Issues considered
- Whether a compromise between the accused and the complainant can be effected to quash pending criminal proceedings under Section 528 BNSS
- Whether the trial court has jurisdiction to verify a compromise deed and stay the trial
- Whether the High Court can directly quash the criminal case without trial court verification
Legislation cited
- BNSS — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 324, 498-A, 504
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- inherent powers
- trial court verification
- dowry prohibition
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37898 of 2026
Rashid And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Zainul Abdin
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Sri Rifaqat Husain, Advocate has filed Vakalatnama on behalf of
opposite party no. 2 today, which is taken on record.
2. Heard Sri Zainul Abdin, learned counsel for the applicants, Sri Jyoti
Kumar Singh, learned A.G.A. for the State, Sri Rifaqat Husain, learned
counsel for the opposite party no. 2 and perused the record.
3. The present application under Section 528 B.N.S.S. has been filed with
the prayer to quash the cognizance/summoning order dated 19.09.2024,
charge-sheet dated 01.07.2024 bearing charge-sheet No. 241 of 2024 and
entire proceedings of Case No. 1361 of 2024, (State Vs. Rashid and
others), arising out of Case Crime No. 253 of 2024, under Sections 498-
A, 323, 324, 504 I.P.C and Section 3/4 of the Dowry Prohibition Act,
Police Station Thakurdwara, District Moradabad, pending in the Court of
Civil Judge (J.D)/Judicial Magistrate, Thakurdwara, Moradabad.
4. 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.
5. Learned counsel for the opposite party no. 2 and learned A.G.A. for the
NA528 No. 37898 of 2026
2
State submits that they 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 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.
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 fresh 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 16, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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