Allahabad High Court
GAURAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that the trial court, not the High Court, must adjudicate the existence and verification of a compromise deed, after which the parties may jointly apply to quash the criminal proceeding.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and criminal proceedings arising from alleged offences under Sections 85, 115(2), 352 of the B.N.S. and Sections 3/4 of the D.P. Act. The applicant claimed that he and the second opposite party had reached an amicable compromise and wished to avoid adjudication. The State’s counsel expressed no objection to the parties filing a compromise deed before the trial court. The High Court held that the question of compromise must be decided by the trial court, directing the parties to file and have the deed verified within 30 days, after which they may jointly apply to quash the case. The court ordered a two‑month stay of trial proceedings if the compromise is filed and verified, otherwise the trial would continue. Consequently, the Section 528 application was disposed of.
Issues considered
- Can an application under Section 528 B.N.S.S. for quashing criminal proceedings be entertained when the parties assert that they have reached a compromise?
- Whether the trial court has the jurisdiction to entertain and verify a compromise deed in such criminal matters?
Legislation cited
Subjects
- compromise deed
- quash criminal proceedings
- Section 528
- inherent powers
- trial court verification
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38288 of 2026
Gaurav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Pandey
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 04.11.2025 along with
cognizance order dated 20.05.2026 and entire criminal proceedings of
Case No. 7739 of 2026 (State Vs. Gaurav), arising out of Case Crime No.
965 of 2025, under Sections 85, 115(2), 352 of B.N.S. and Section- 3/4 of
D.P. Act, Police Station Majhola, District- Moradabad, pending in the
Court of Additional Chief Judicial Magistrate, Court No. 4, Moradabad.
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.
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. 38288 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 11, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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