Allahabad High Court
GULFAM AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, with the matter to be referred to the trial court for filing and verification of the compromise before any quash order can be considered.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and criminal proceedings arising from a case under IPC sections 498A, 323, 504, 506, the D.P. Act and the Muslim Women (Protection of Rights on Marriage) Act, 2019, on the ground that the parties had reached a compromise. The State, represented by the A.G., did not object to the filing of a compromise before the trial court. The Court held 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 to consider the compromise. If the compromise is verified, the parties may jointly invoke the Court's inherent powers to seek quash of the criminal case. The Court therefore disposed of the application under Section 528 without ordering a quash, directing the parties to approach the trial court for verification of the compromise.
Issues considered
- Whether a compromise between the parties can be entertained by the trial court under Section 528 BNSS and lead to quash of criminal proceedings.
- Whether the High Court can directly quash the charge sheet without verification of the compromise by the trial court.
Legislation cited
- BNSS — s. 528
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
- Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 4
Subjects
- criminal procedure
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- inherent powers of court
- charge sheet
- IPC
- D.P. Act
- Muslim Women Protection Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40752 of 2026
Gulfam And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jigyasha Tripathi, Surendra Kumar
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Surendra Kumar Tripathi, 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 graciously be
pleased to quash the impugned charge sheet dated 24.02.2023 & its cognizance order
dated 22.08.2025 as well as entire proceeding of Case No. 16524 of 2025 (State Vs.
Gulfam and another) arising out of case crime no. 422 of 2022, under section 498A,
323, 504, 506 I.P.C., section 3/4 D.P. Act & section 4 of the Muslim Women
(Protection of Rights on Marriage) Act, 2019, P.S. Jagdishpura, District-Agra,
Pending in the court of Additional Chief Judicial Magistrate, Court no.1, Agra, on the
basis of compromise entered between the parties dated 01.04.2026."
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. 40752 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
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