Allahabad High Court
MOHIT AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, directing the parties to file and verify a compromise deed before the trial court before a fresh joint application for quash can be entertained.
Summary
The applicants, Mohit and six others, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet and proceedings in a criminal case (Sections 498‑A, 323, 506 IPC and Sections 3/4 of the Dowry Prohibition Act) on the ground that they had reached an amicable compromise with the State. The State’s learned A.G.A. expressed no objection to the filing of a compromise deed before the trial court. The Court held that the existence and terms of any compromise must be determined by the trial court, which may verify the deed within 30 days and keep the trial in abeyance for two months. If the compromise is properly filed and verified, the parties may then file a fresh joint application invoking the Court’s inherent powers to quash the criminal proceeding. Accordingly, the application under Section 528 was disposed.
Issues considered
- Whether a compromise between the accused and the State can be used to quash criminal proceedings under Section 528 of the B.N.S.S.
- Whether the trial court has jurisdiction to adjudicate the existence of a compromise and verify the compromise deed
- What procedure must be followed for filing and verification of a compromise deed in a criminal case
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- trial court jurisdiction
- verification of compromise deed
- inherent powers of court
- abeyance of trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40770 of 2026
Mohit And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Beerendra Pratap Singh, Indra Kumar
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Indra Kumar Singh, learned counsel for the applicants, Sri
Durgesh Kumar Tripathi, learned Brief Holder for the State and perused
the record.
2. The present application under Section 528 B.N.S.S. has been filed with
the prayer to quash the charge-sheet No. 601 of 2023 dated 25.09.2023,
cognizance/summoning order dated 04.01.2025 as well as entire
proceedings of Case No. 261 of 2025 (State Vs. Mohit and others), arising
out of Case Crime No.694 of 2023, under Sections 498-A, 323, 506 IPC
and Section 3/4 Dowry Prohibition Act, Police Sation- Kannauj, District-
Kannauj, pending in the Court of Civil Judge (J.D.)/F.T.C.-II, Kannauj,
on the basis of compromise.
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.
NA528 No. 40770 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 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 fresh 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 30, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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