Allahabad High Court
BHAGWAN DAS SINGH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court disposed of the Section 528 application, directing that any compromise must be filed and verified before the trial court, which alone may consider quashing the criminal proceedings.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash a chargesheet and the criminal case (Criminal Case No. 1977 of 2024) involving offences under Sections 498‑A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. They claimed they were falsely implicated and that the parties had amicably resolved their personal dispute, requesting the court to allow a compromise and dismiss the proceedings. The State’s Additional Government Advocate did not object to the parties approaching the trial court to file and verify a compromise. The High Court held that the question of compromise must be decided by the trial court, which may verify the agreement within 30 days and, if satisfied, the trial court may stay the trial for two months and later entertain a joint application to quash the case. Consequently, the High Court disposed of the Section 528 application without granting any relief, directing the parties to approach the trial court for compromise.
Issues considered
- Whether a compromise between the accused and the complainant under Section 528 BNSS can be entertained by the High Court to quash criminal proceedings.
- Whether the trial court, and not the High Court, should verify the compromise and decide on staying or dismissing the case.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528 BNSS
- Dowry Prohibition Act
- Indian Penal Code
- inherent powers of court
- trial court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40758 of 2026
Bhagwan Das Singh And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akshansh
Counsel for Opposite Party(s) : G.A., Pradeep Kumar Soni
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Akshansh, learned Counsel for the applicants, Mr. Pradeep
Kumar Soni, 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 to allow the instant 528 Application and quash the Chargesheet No. 01 of
2023 dated 01.11.2023 as well as the entire proceedings in Criminal Case No. 1977 of
2024, arising out of Case Crime No. 358 of 2023 under section 498-A, 323, 506
1.P.C., and 3/4 of Dowry Prohibition Act, 1961, Police Station- Bhuta, District-
Bareilly, pending in the Court of Additional Chief Judicial Magistrate, Court No.4,
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.
NA528 No. 40758 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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