Allahabad High Court
KUNJ GUPTA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed of, with the parties directed to file and verify the compromise before the trial court before any further relief can be sought.
Summary
The applicants, Kunj Gupta and others, filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings arising from a case filed under IPC sections 498‑A, 323, 504, 506 and the Dowry Prohibition Act, on the ground that the parties had reached an amicable compromise. The State’s Additional Government Advocate did not object to the filing of a compromise before the trial court. The High Court held that any compromise must be presented to and verified by the trial court within 30 days, after which the trial court may stay the trial for two months and, if satisfied, the parties may jointly invoke the court’s inherent powers to seek quashment. The Court therefore disposed of the Section 528 application without granting the relief, directing the parties to approach the trial court for verification of the compromise. The decision emphasizes that the High Court itself cannot quash the proceedings without trial‑court verification of the compromise.
Issues considered
- Whether an application under Section 528 of the B.N.S.S. can be entertained by the High Court to quash criminal proceedings on the basis of a compromise.
- Whether the trial court, and not the High Court, must verify the compromise before any quashment order can be issued.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- B.N.S.S.
- trial court verification
- inherent powers
- dowry prohibition
- IPC
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40398 of 2026
Kunj Gupta And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Priya Singh
Counsel for Opposite Party(s) : G.A., Nawal Kishore Deo
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Anand Priya Singh, learned Counsel for the applicants, Mr.
Nawal Kishore Deo, learned Counsel for opposite party no.2 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 allow this application under section 528 B.N.S.S. and quash the entire
Criminal proceeding on the basis of compromise dated 18.04.2026 filed in Criminal
Case No. 4766 of 2022 (State V/s Kunj Gupta and others) with impugned charge sheet
dated 27.06.2020 as well as impugned summoning order dated 04.04.2022 arising out
of Case Crime No. 267 of 2019 U/s 498-A, 323, 504, 506 I.P.C. read with U/s 3/4
Dowry Prohibition Act, Police Station Haldharpur, District Mau, pending before in
the court of Judicial Magistrate /FTC (CAW), Mau, District Mau."
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.
NA528 No. 40398 of 2026
2
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 a fresh compromise entered into between
the parties within 30 days, which shall be verified by the Trial Court.
6. 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.
7. 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.
8. 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.
9. In view of above, the application under Section 528 B.N.S.S. is,
accordingly, disposed of.
(Chawan Prakash,J.)
September 29, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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