Allahabad High Court
ATIB THAKUR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed of, with the matter of compromise to be decided by the trial court.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the criminal proceedings (Case No. 26787 of 2022) on the ground that they had reached an amicable compromise with the State. The State did not object to the filing of a compromise deed before the trial court. The High Court held that the validity of the compromise must be determined by the trial court, which may verify the deed within 30 days and keep the trial proceedings in abeyance for two months. If the deed is verified, the parties may jointly invoke the Court's inherent powers to quash the case. Accordingly, the application under Section 528 was disposed of, pending compliance with the procedural directions.
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, and not the High Court, is the appropriate forum to verify a compromise deed in a criminal case.
Legislation cited
- B.N.S.S. — s. 528
Subjects
- compromise
- criminal proceeding
- Section 528
- quash
- inherent powers
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40674 of 2025
Atib Thakur And Another
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Satyam Narayan
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Satyam Narayan, learned counsel for the applicants, Sri Sunil
Kumar, learned A.G.A. for the State and perused the record.
2. The applicants filed the present application under Section 528 B.N.S.S.
to quash the entire proceedings as well as Cognizance order dated
14.11.2022 and charge sheet dated 10.11.2022 in Case No. 26787 of
2022, arising out of Case Crime No. 325 of 2022 (State Vs. Atib Thakur
and others), under Sections 386, 419, 420, 120B, 504, 507 I.P.C., Police
Station Daurala, District Meerut, pending in the court of Additional Chief
Judicial Magistrate, Court No. 7, Meerut.
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, does 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.
4. Learned A.G.A. for the State submits that he has no objection 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
NA528 No. 40674 of 2025
2
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.)
May 6, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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