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Allahabad High Court

KAPIL GILL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 BNSS is disposed, pending verification of a compromise deed by the trial court.

Summary

The applicants, Kapil Gill and two others, filed an application under Section 528 of the BNSS seeking to quash the charge sheet and proceedings in Criminal Case No.11657 of 2022, which involved offences under Sections 498‑A, 323, 504, 506 IPC and the Dowry Prohibition Act. They claimed that they had reached an amicable compromise with the opposite party No.2 and wished to have the criminal case dismissed. The State and opposite party No.2 did not contest the existence of the compromise and agreed that the matter should be decided by the trial court. The High Court directed that the parties file a fresh, verified compromise deed before the trial court within 30 days, after which the trial court may place the deed on record and, if satisfied, the parties may jointly move to quash the proceeding. The Court held that until such verification, the application under Section 528 could not be entertained and therefore disposed of the application.

Issues considered

  • Whether an application under Section 528 BNSS for quashing a criminal proceeding can be entertained when the parties claim to have reached a compromise.
  • Whether the trial court has the jurisdiction to verify a compromise deed and, if verified, allow the quashing of the criminal case.

Legislation cited

Subjects

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

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 39267 of 2026

Kapil Gill And 2 Others
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Sanjay Kumar Tripathi, Virendra Singh
                                (Tomar)
Counsel for Opposite Party(s) : G.A.

Court No. - 83
                    HON'BLE CHAWAN PRAKASH, J.

1. Sri V.S. Shukla, Advocate filed Vakalatnama on behalf of opposite
party No.2, is taken on record.

2. Heard Sri Sanjay Kumar Tripathi, learned counsel for the applicants,
Sri V.S. Shukla, 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 No.558/2021 dated
22.09.2021, cognizance/summoning order dated 22.12.2022 and entire
proceeding of Criminal Case No.11657 of 2022 (State Versus Kapil Gill),
arising out of Case Crime No.253/2021, under Sections 498-A, 323, 504,
506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Majhola,
District-Moradabad, pending in the court of Additional Chief Judicial
Magistrate, Court No.4, Moradabad.

4. Learned counsel for the applicants submits that the applicants 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 applicants shall file compromise deed before
the learned trial court for verification.
                                                                                            NA528 No. 39267 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 applicants 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 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.



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




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

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