Allahabad High Court

ARJUN THAKUR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 22 September 2026
Bench: CHAWAN PRAKASH

Holding

The application under Section 528 B.N.S. is disposed, directing the parties to approach the trial court for filing and verification of the compromise.

Summary

The applicants, Arjun Thakur and two others, filed an application under Section 528 of the B.N.S. seeking to quash charge‑sheets filed against them under sections 85, 115(2), 351(2) and 352 of the B.N.S. and sections 3 and 4 of the Dowry Prohibition Act. They claimed they were falsely implicated and that the underlying personal dispute had been amicably resolved, requesting that the criminal case be withdrawn on the basis of a compromise. The State, represented by the Additional Government Advocate, raised no objection provided the parties approach the trial court to record the compromise. The High Court held that any compromise must be filed and verified before the trial court within thirty days, after which the trial court may stay the proceedings for two months; only after verification may the parties jointly invoke the High Court’s inherent powers to seek quash. Consequently, the application under Section 528 was disposed without granting the relief sought.

Issues considered

Whether an application under Section 528 B.N.S. for quashing criminal proceedings can be entertained when the parties claim to have reached a compromise.
Whether the trial court, and not the High Court, is the appropriate forum to adjudicate and verify a compromise in a criminal case.

Legislation cited

B.N.S. — s. 115(2), 351(2), 352, 85
Dowry Prohibition Act — s. 3, 4

Subjects

quash of criminal proceedings
compromise in criminal case
Section 528
B.N.S.
Dowry Prohibition Act
High Court
trial court verification
inherent powers

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40614 of 2026

Arjun Thakur And 2 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ankit Kumar Dubey
Counsel for Opposite Party(s) : G.A.

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

1. Heard Mr. Ankit Kumar Dubey, 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 kindly be
pleased to allow this application and quash the Charge-sheets dated 30.07.2025
against the applicants under section 85, 115(2), 351(2) and 352 of B.N.S. and section
3/4 Dowry Prohibition Act. also Cognizance and Summoning order dated 12.05.2026,
as well as entire consequential proceedings of case no. 7479 of 2026, title as (State vs
Arjun Thakur and Others) arising out of case crime no. 238 of 2025, under Sections
85, 115(2), 351(2) and 352 of B.N.S. and 3/4 of the Dowry Prohibition Act. Police
Station Vishanpura, District- Kushinagar pending before the court of Civil Judge
Junior Division F.T.C.-1 Kushinagar, Place- Padrauna District Kushinagar."

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. 40614 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 the 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 23, 2026
Vijay

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

Continue reading with your account

Checking your session…