Allahabad High Court
MUDASSIRversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, with the Court directing that any compromise be filed and verified in the trial court before a joint application for quash can be entertained.
Summary
Mudassir filed an application under Section 528 of the BNSS seeking to quash a charge‑sheet dated 12‑12‑2023 and the ensuing criminal proceedings (Criminal Case No.378/9 of 2024) involving offences under Sections 498A, 323, 504, 506, 313 of the IPC, the Dowry Prohibition Act, 1961 and the Muslim Women (Protection of Rights on Marriage) Act, 2019. The applicant claimed that the parties had amicably resolved their personal dispute and that the second opposite party wished to avoid adjudication, requesting the case be quashed on the basis of a compromise. The State’s Additional Government Advocate raised no objection to the parties approaching the trial court to file and verify the compromise. The High Court held that any compromise must be filed and verified before the trial court within 30 days, after which the parties may jointly invoke the court’s inherent powers to seek quash. The court ordered the original compromise deed to be returned to counsel, directed a two‑month abeyance of trial proceedings if the compromise is filed, and disposed of the Section 528 application.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 BNSS on the ground of a compromise between the parties.
- Whether the High Court can directly quash the case or must direct the parties to approach the trial court for filing and verification of the compromise.
Legislation cited
- BNSS Act — s. 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 313, 323, 498A, 504, 506
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 3, 4
Subjects
- criminal procedure
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- IPC offences
- Dowry Prohibition Act
- Muslim Women Protection Act
- inherent powers of court
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39103 of 2026
Mudassir
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Srivastava, Anirudh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Anirudh Singh, learned Counsel for the applicant, Mr. Raj
Kumar, 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
applicant with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be
pleased to allow the instant application by quashing the Charge-sheet dated
12.12.2023, being C.S. No. 46A/2023, as well as entire proceedings registered in its
pursuance as Criminal Case No.378/9 of 2024, 'State of U.P. Vs. Mudassir, under
Sections 498A, 323, 504, 506, 313 of I.P.C. 1860 and Section 3/4 Dowry Prohibition
Act, 1961 and Section 3/4 of Muslim Women(Protection of Rights on Marriage) Act
2019 (arising out of Case Crime No.206 of 2021, registered at Police Station-
Chhapar, District-Muzaffarnagar, including order of cognizance as well as
summoning order dated 10.01.2024, pending before the Court of learned Session
Judge, Muzaffarnagar."
3. Learned Counsel for applicants submits that the parties have amicably
resolved their personal dispute, therefore, opposite party no.2 does not want
to get adjudication of 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
NA528 No. 39103 of 2026
2
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. Let the original compromise deed annexed with this application as
Annexure No.6 be returned to the learned Counsel for the applicant upon
retaining a photostat copy of the same duly attested by the learned Counsel.
7. 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.
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.
9. 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.
10. In view of above, the application under Section 528 B.N.S.S. is,
accordingly, disposed of.
September 16, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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