Allahabad High Court

LAVKUSH GUPTA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 20 September 2026
Bench: CHAWAN PRAKASH

Holding

The High Court held that the existence and verification of a compromise must be determined by the trial court, and therefore the Section 528 application was disposed without quashing the proceedings.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and criminal proceedings arising from alleged offences under the IPC and D.P. Act, claiming they had reached an amicable compromise with the complainant. The State's Additional Government Advocate expressed no objection to the parties approaching the trial court to record the compromise. The High Court held that the determination of whether a valid compromise exists is within the jurisdiction of the trial court, which must verify the compromise deed and ensure the victim and accused are signatories. The Court directed the parties to file the compromise in the trial court within 30 days and, if verified, to jointly apply to the High Court to invoke its inherent powers to quash the case. As the compromise had not yet been verified, the application under Section 528 was disposed without granting the quash order.

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.
Whether the trial court, rather than the High Court, should adjudicate the existence and verification of a compromise in a criminal case.
Whether the High Court can quash the criminal proceeding absent verification of the compromise by the trial court.

Legislation cited

B.N.S.S. — s. 528
D.P. Act — s. 3, 4
Indian Penal Code — s. 323, 406, 498A, 504, 506

Subjects

Section 528
B.N.S.S.
quash of criminal proceeding
compromise
trial court jurisdiction
inherent powers
criminal case
verification of compromise

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39934 of 2026

Lavkush Gupta And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Chandan Singh, Narendra Singh, Ram
Prakash Pal
Counsel for Opposite Party(s) : G.A.

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

1. Heard Mr. Narendra Singh, learned Counsel for the applicants and learned
A.G.A.for the State.

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 quash charge sheet no.67 of 2019 dated
11.04.2019, Cognizance/summoning order dated 30.07.2019 passed by
learned Additional Chief Judicial Magistrate, Court No.17, Allahabad
Criminal Case No.600 of 2019 (State Vs. Lavkush Gupta and others) arising
out of Case Crime No.182 of 2018, under sections 498A, 323, 504, 506, 406
I.P.C. & 3/4 D.P. Act, Police Station Mahila Thana, District Allahabad.."

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
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.
NA528 No. 39934 of 2026
2

6. Let the original compromise deed annexed with this application as
Annexure No.3 be returned to the learned Counsel for the applicants 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 21, 2026
Vijay
(Chawan Prakash,J.)

Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad

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