Allahabad High Court
SAMEER AHMAD AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, with the matter to be decided by the trial court upon verification of any compromise.
Summary
The applicants, Sameer Ahmad and five others, filed an application under Section 528 of the BNSS seeking to quash Criminal Case No.30327/2026, which involved charges under various sections of the BNSS, the Dowry Prohibition Act, 1961 and the Muslim Women (Protection of Rights on Marriage) Act, 2019. They claimed they were falsely implicated and that the dispute had been amicably settled, requesting the court to set aside the charge sheet and summons based on a compromise. The State’s Additional Government Advocate expressed no objection to a compromise being filed before the trial court. The High Court held that the validity of any compromise must be determined by the trial court, which must verify the agreement within 30 days, and that the proceedings may be stayed for two months pending such verification. The court directed the parties to approach the trial court for verification and, if successful, to file a joint application invoking its inherent powers. Consequently, the application under Section 528 BNSS was disposed without granting the quash order.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 BNSS on the basis of a compromise between the parties
- What procedural steps are required for a compromise to be considered valid in a criminal case
Legislation cited
- B.N.S. — s. 115(2), 351(2), 352, 528, 74, 85
- Dowry Prohibition Act, 1961 — s. 3, 4
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 3, 4
Subjects
- criminal compromise
- Section 528 BNSS
- quash of criminal proceedings
- inherent powers of court
- dowry prohibition
- Muslim Women Protection Act
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39066 of 2026
Sameer Ahmad And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Rakesh Kumar Mishra, learned Counsel for the applicants, Mr.
Sumit Kumr Gupta, learned Counsel, who has filed his vakalatnama in Court
today on behalf of opposite party no.2, and learned A.G.A.for the State. The
said vakalatnama is taken on record.
2. The present application has been filed under Section 528 BNSS by the
applicants with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to allow the present Criminal Misc. Application and to quash/set aside the
entire proceedings of Criminal Case No.30327/2026 [CNR No.UPMO-04034-
3672026) (State Vs. Jar Sameer Ahmad & others), arising out of Case Crime No.
165/2026, under sections 85, 74, 115(2), 351(2), 352 B.N.S. & Section 3/4 Dowry
Prohibition Act, 1961 & Section 3/4 Muslim Woman (Protection of Rights on
Marriage) Act, 2019 Police Station Majhola, District Moradabad pending before the
learned Additional Chief Judicial Magistrate, Court No.4, Moradabad and also to
quash the impugned charge sheet No.225/2026 dated 03.04.2026 submitted in the
aforesaid case & the impugned summoning order dated 15.05.2026 passed by the
learned Chief Judicial Magistrate, Moradabad in terms of compromise arrived
between the parties dated 30.07.2026."
3. Learned Counsel for applicants submits that the applicants are innocent
and have been falsely implicated in this case. Learned counsel for the
applicants further submits that parties have amicably resolved their personal
dispute, therefore, opposite party no.2 does not want to get adjudication of
NA528 No. 39066 of 2026
2
alleged criminal act and prayed that the aforesaid criminal case may be
quashed in pursuance to compromise.
4. Learned A.G.A. for the State submits no objection if the parties approach
Trial Court to file compromise 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 Trial Court concerned and file the compromise entered into between the
parties within 30 days, which shall be verified by the Trial Court.
6. No compromise shall be entertained by the Trial Court if the
informant/victim/injured 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.
8. All the parties, who files compromise and get it verified, shall then file a
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
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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