Allahabad High Court
RAMENDRA SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
A compromise must be filed and verified before the trial court, and until then an application under Section 528 BNSS cannot be entertained; the application is therefore disposed.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and criminal proceedings on the ground that the parties had reached a compromise. The applicants claimed innocence and that the dispute was amicably resolved, while the State did not object to a compromise being filed before the trial court. The court explained that any compromise must be filed and verified before the trial court within 30 days, and that the trial court may stay proceedings for two months pending verification. If the compromise is not filed or verified, the trial court must continue the trial. Consequently, the application under Section 528 was disposed without granting the quash order.
Issues considered
- Whether a criminal case can be quashed on the basis of a compromise between the parties under Section 528 BNSS
- Whether the trial court must verify the compromise before any quash order can be entertained
Legislation cited
Subjects
- criminal compromise
- Section 528
- quash of charge sheet
- trial court verification
- inherent powers of court
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40697 of 2026
Ramendra Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shailesh Kumar Mishra, Vivek Kumar
Sharma
Counsel for Opposite Party(s) : G.A., Vinay Kumar
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Shailesh Kumar Mishra, learned Counsel for the applicants,
Mr. Vinay Kumar, 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 quash the charge Sheet dated 20.09.2024 with cognizance order dated
12.12.2025 as well as entire proceedings of case no. 2973 of 2025 Arising out of case
crime no. 698 of 2024, Under Section 85, 352, 115(2) B.N.S. and 3/4 D.P. Act, Police
Station Baheri, District Bareilly on the basis of compromise Pending in the court of
Judicial Magistrate, Baheri Dist- Bareilly."
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
NA528 No. 40697 of 2026
2
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
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