Allahabad High Court
RAVIversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that a compromise must be filed and verified before the trial court, after which a fresh joint application may be made to invoke the court's inherent powers to quash the criminal proceeding.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash a criminal case (Sections 498A, 323, 506 IPC and 3/4 Dowry Prohibition Act) on the ground that a compromise had been reached with the second opposite party. The State opposed no objection to filing a compromise deed before the trial court. The court held that the trial court is the proper forum to adjudicate the existence of a compromise, requiring the deed to be filed and verified within 30 days, with the original placed in the court record. If the deed is verified, the trial proceedings are stayed for two months, after which the parties may file a fresh joint application invoking the court's inherent powers to quash the criminal proceeding. Accordingly, the application under Section 528 was disposed, directing the parties to follow the prescribed procedure.
Issues considered
- Whether a compromise between parties in a criminal case can be adjudicated by the trial court and lead to quash of the proceeding under Section 528 B.N.S.S.
- Whether the trial court may entertain a compromise when the informant/victim and accused are signatories and appear for verification
- What procedure must be followed for filing, verification, and effect of a compromise deed on pending criminal proceedings
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 506
Subjects
- compromise
- criminal procedure
- quash
- Section 528
- inherent powers
- trial court verification
- Dowry Prohibition Act
- IPC sections
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37921 of 2026
Ravi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for the applicant, 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 07.09.2017 as well as
impugned cognizance/summoning order dated 09.01.2018 and entire
proceedings of Case No. 84 of 2018 (State Versus Ravi and others),
arising out of Case Crime No. 39 of 2017, under Sections 498A, 323, 506
I.P.C and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana,
District- Ghaziabad, pending in the Court of Additional Chief Judicial
Magistrate- VIII, Ghaziabad, on the basis of compromise dated
27.10.2025.
3. 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, 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 applicant 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.
NA528 No. 37921 of 2026
2
5. 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.
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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