Allahabad High Court
MOHD. ASAD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 is disposed, with the matter of compromise to be decided by the trial court.
Summary
The applicants, Mohd Asad and two others, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and criminal proceedings (Criminal Case No.857 of 2025) arising from alleged offences under sections 85, 75, 76, 115(2), 352 and 305 of the B.N.S. and sections 3 and 4 of the Dowry Prohibition Act, 1961. They claimed that they had reached a compromise with opposite party No.2 and wished to settle the dispute out of court, offering to file a compromise deed before the trial court. The State and opposite party No.2 did not contest the existence of the compromise and agreed that the deed could be filed for verification. The High Court held that the trial court, not the appellate court, is the proper forum to adjudicate the validity of the compromise and directed the parties to file the deed within 30 days for verification. The Court further directed that, if the deed is verified, the trial court may stay the proceedings for two months and the parties may then jointly invoke the court’s inherent powers to seek quash. Accordingly, the application under Section 528 was disposed without a direct order of quash.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise between the accused and the complainant under Section 528 of the B.N.S.S.
- Whether the trial court has jurisdiction to verify a compromise deed and stay the criminal trial pending verification.
Legislation cited
- B.N.S. — s. 115(2), 305, 352, 75, 76, 85
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- inherent powers
- Dowry Prohibition Act
- verification of compromise deed
- trial court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39382 of 2026
Mohd. Asad And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Jaiswal, Saurabh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Sri Abhishek Kumar Jaiswal, Advocate filed Vakalatnama on behalf of
opposite party No.2, is taken on record.
2. Heard Sri Ashutosh Jaiswal, learned counsel for the applicants, Sri
Abhishek Kumar Jaiswal, 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 as well as
summoning order dated 18.03.2026 and entire criminal proceedings of
Criminal Case No.857 of 2025 (State vs Mohd. Asad and others) arising
out of Case Crime No. 21 of 2024, under sections 85, 75, 76, 115(2), 352,
305 of B.N.S, Section 3/4 of Dowry Prohibition Act 1961, Police Station-
Mahila Thana, District-Gautam Buddha Nagar, pending in the court of
Additional District Judge, Gautam Buddha Nagar.
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.
5. Learned A.G.A. for the State as well as learned counsel for opposite
NA528 No. 39382 of 2026
2
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 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.
(Chawan Prakash,J.)
September 16, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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