Allahabad High Court

DILASHANA @ CHONIversusSTATE OF U.P. AND 2 OTHERS

Decided: 15 September 2026
Bench: CHAWAN PRAKASH

Holding

The application under Section 528 B.N.S.S. is disposed, with the parties directed to approach the trial court to file and verify the compromise deed before any quash order can be considered.

Summary

The applicant, Dilashana @ Choni, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and proceedings in a criminal case (Criminal Case No.8026/9 of 2022) involving offences under Sections 498A, 323, 504, 506, 313 IPC and the Dowry Prohibition Act. The applicant claimed that a compromise had been reached with the second opposite party and that they no longer wished to pursue the criminal action. The State and the second opposite party did not contest the claim of compromise and agreed that the parties could approach the trial court to file and verify a compromise deed. The High Court directed that the compromise deed be filed before the trial court within 30 days, after which the trial court may place it on record and, if verified, the parties may jointly move to quash the proceedings. The Court disposed of the Section 528 application, directing the matter be dealt with by the trial court and the original deed returned to counsel after copying.

Issues considered

Whether an application under Section 528 B.N.S.S. for quashing criminal proceedings can be entertained when the parties claim to have reached a compromise
What procedure the trial court must follow to verify a compromise deed and its effect on the pending criminal case

Legislation cited

B.N.S.S. — s. 528
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 313, 323, 498A, 504, 506

Subjects

Section 528
quash of criminal proceedings
compromise deed
trial court verification
inherent powers
IPC offences
Dowry Prohibition Act

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39264 of 2026

Dilashana @ Choni
.....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. Sri Raj Kumar, Advocate filed Vakalatnama on behalf of opposite
party No.2, is taken on record.

2. Heard Sri Anirudh Singh, learned counsel for the applicant, Sri Raj
Kumar, learned counsel for opposite party No.2, learned A.G.A. for the
State and perused the record.

3. The present application under Section 528 B.N.S.S. has been filed by
the applicants with a prayer to quash the charge sheet dated 24.03.2022,
being C.S. No. 46/2022 and cognizance as well as summoning order dated
14.06.2022 as well as entire proceedings of Criminal Case No.8026/9 of
2022, (State of U.P. Vs. Dilashana @choni), arising out of Case Crime
No.206 of 2021 under Sections 498A, 323, 504, 506, 313 I.P.C. and
Section 3/4 Dowry Prohibition Act, Police Station-Chhapar, District-
Muzaffarnagar, pending before the Court of learned Session Judge,
Muzaffarnagar.

4. 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, do 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.
NA528 No. 39264 of 2026
2

5. Learned A.G.A. for the State as well as learned counsel for opposite
party No.2 do not dispute the correctness of the submission made by
learned counsel for the applicant or the correctness of the documents
relied upon by him. They submit that opposite party no. 2 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 a fresh 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 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.

11. Office is directed to return the original compromise deed to the
learned counsel for the applicants, if any, after taking the photocopy of
the same.

(Chawan Prakash,J.)
September 16, 2026
Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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