Allahabad High Court
KHALIL AHMAD AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court disposed the application, directing the parties to approach the trial court for verification of the compromise deed before any quashment can be considered.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. Act seeking to quash a charge sheet and criminal proceedings (Case No. 393 of 2020) relating to offences under Sections 498‑A, 323, 504 IPC, sections 3/4 of the D.P. Act and sections 3/4 of the Muslim Women (Protection of Right on Marriage) Act, 2019. They claimed that a compromise had been reached with the State and that the dispute was settled out of court. The State (respondent) did not contest the claim and expressed no objection to the filing of a compromise deed before the trial court. The High Court held that the question of whether a valid compromise exists is for the trial court to determine; the parties must file and have the compromise deed verified within 30 days, after which the trial court may stay the proceedings for two months. If the compromise is verified, the parties may jointly invoke the High Court’s inherent powers to quash the criminal case. Accordingly, the application under Section 528 was disposed, directing the parties to approach the trial court for verification of the compromise.
Issues considered
- Whether a compromise between the accused and the State can be entertained to quash criminal proceedings under Section 528 of the B.N.S.S. Act.
- Whether the trial court has jurisdiction to verify a compromise deed and stay the criminal trial pending verification.
Legislation cited
- B.N.S.S. Act — s. 528
- Domestic Violence Protection Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504
- Muslim Women (Protection of Right on Marriage) Act, 2019 — s. 3, 4
Subjects
- compromise
- quash criminal proceedings
- Section 528
- trial court verification
- abeyance of trial
- inherent powers
- joint application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40450 of 2026
Khalil Ahmad And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kant Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Krishna Kant Yadav, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. 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. 17 of 2020
dated 14.02.2020 as well as cognizance order dated 07.07.2020 passed by
Civil Judge (S.D)/Additional Chief Judicial Magistrate, Rampur and
entire proceeding of Case No.393 of 2020 (State Vs Khalil and others),
arising out of Case Crime No.07 of 2020, under sections 498-A, 323, 504
I.P.C, under section 3/4 D.P. of Act and under section 3/4 Muslim
Women (Protection of Right on Marriage) 2019 police station Azeem
Nagar District Rampur, pending in the court of Learned Chief Judicial
Magistrate, Court No.2 Rampur.
3. 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 applicant shall file compromise deed before
the learned trial court for verification.
4. Learned A.G.A. for the State does not dispute the correctness of the
submission made by learned counsel for the applicants or the correctness
of the documents relied upon by him. He submits that he has no objection,
NA528 No. 40450 of 2026
2
if the parties approach trial court to file compromise deed 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 and file 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.
6. 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.
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 in
accordance with law.
8. 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.
9. In view of above, the application under Section 528 B.N.S.S. is
accordingly disposed of.
(Chawan Prakash,J.)
September 23, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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