Allahabad High Court
MOHD. SAJID AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 is disposed of, with the matter of compromise to be decided by the trial court through verification of a deed filed within the stipulated period.
Summary
The applicants, Mohd. Sajid and four others, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and criminal proceedings arising from alleged offences under Sections 85, 115(2), 351(2) of the B.N.S., Sections 3/4 of the Dowry Prohibition Act and Sections 3/4 of the Muslim Women (Protection of Rights on Divorce) Act. They claimed that they had reached an amicable compromise with the State and wished to avoid trial. The State’s counsel did not contest the claim of compromise and expressed no objection to the parties filing a compromise deed before the trial court. The High Court held that the validity of any compromise must be determined by the trial court, directing the parties to file and have the deed verified within 30 days, after which the trial court may place the deed in its record and, if appropriate, the parties may jointly move to quash the proceeding. The Court ordered that the trial court may stay the proceedings for two months pending verification of the compromise. Consequently, the application under Section 528 was disposed of without a direct order to quash the case.
Issues considered
- Whether an application under Section 528 of the B.N.S.S. for quashing criminal proceedings can be entertained when the parties claim to have reached a compromise
- Whether the trial court has the jurisdiction to verify a compromise deed and stay the criminal trial pending such verification
Legislation cited
- B.N.S. — s. 115(2), 351(2), 85
- Dowry Prohibition Act — s. 3, 4
- Muslim Women (Protection of Rights on Divorce) Act — s. 3, 4
Subjects
- Section 528
- compromise
- quash of criminal proceedings
- trial court verification
- abeyance of trial
- inherent powers of court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40800 of 2025
Mohd. Sajid And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajit Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Ajit Dwivedi, learned counsel for the applicants, learned
A.G.A. for the State and perused the record.
2. The present application under Section 528 of the B.N.S.S. has been
filed by the applicants with a prayer to quash the charge sheet dated
19.07.2025, cognizance summoning order dated 28.08.2025 passed by
learned Additional Judicial Magistrate, Court No. 6, Moradabad and the
entire criminal proceeding of Case No. 44898 of 2025 (State vs. Mohd.
Sajid and others), arising out of Case Crime No. 261 of 2025, under
Sections 85, 115(2) 351(2) B.N.S. & 3/4 of Dowry Prohibition Act and
Section 3/4 Muslim Women (Protection of Rights on Divorce) Act, Police
Station Munda Pande, District Moradabad.
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, do not want to get adjudication of alleged
criminal act and prayed that the aforesaid criminal case may be quashed.
He further submits that the applicant shall file compromise deed before
the learned trial court for verification.
4. Learned A.G.A. for the State does not dispute the correctness of the
submission made by learned counsel for the applicants or the correctness
of the documents relied upon by him. He submits that he has no objection,
if the parties approach trial court to file compromise deed in the given
NA528 No. 40800 of 2025
2
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
trial court and file a fresh 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 of the B.N.S.S. is
accordingly disposed of.
(Chawan Prakash,J.)
October 1, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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