Allahabad High Court

KALLU AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided: 5 May 2026
Bench: CHAWAN PRAKASH

Holding

The court held that any compromise must be filed before and verified by the trial court, and therefore the Section 528 application is disposed without quashing the criminal proceeding.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash a criminal trial (Sessions Trial No. 256 of 2022) on the ground that the parties had reached an amicable compromise. The applicants claimed innocence and alleged that the dispute had been settled, requesting the court to dismiss the proceedings. The State, represented by the A.G.A., raised no objection to the parties approaching the trial court to file the compromise. The High Court held that the competence to entertain a compromise lies with the trial court, which must verify the compromise deed within 30 days and may keep the trial in abeyance for two months. The court directed the parties to file and verify the compromise before the trial court and then jointly apply to quash the proceeding, disposing of the present Section 528 application. Consequently, the criminal proceeding was not quashed at this stage.

Issues considered

Whether a compromise between the accused and the complainant can be entertained and lead to quash of the criminal proceeding at the appellate stage.
Whether the trial court has jurisdiction to verify and accept the compromise under Section 528 of the CrPC.
Whether the application under Section 528 can be disposed of without a verified compromise.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528

Subjects

Section 528 CrPC
compromise in criminal cases
quash of criminal proceeding
trial court jurisdiction
amicable settlement
inherent powers of court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 4101 of 2026

Kallu And 6 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Raj Kumar Sharma
Counsel for Opposite Party(s) : Akhilesh Kumar Khare, G.A.

Court No. - 79
HON'BLE CHAWAN PRAKASH, J.

1. Heard Mr. Kaushal Kishore, learned Counsel holding brief of Mr. Raj
Kumar Sharma, learned Counsel for the applicants, Mr. Ashish Kumar
Khare, learned Counsel holding brief of Mr. Akhilesh Kumar Khare, learned
Counsel for opposite party no.2 to 4 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 Entire Proceeding in Sessions Trial No.
256 of 2022 (State Vs. Kallu and 6 others) pending before the Court Of
Additional District and Sessions Judge, Court No-1, District-Jhansi, arising
out of Case Crime No. 097 of 2021, for the offence Under Section 147,148,
323,504, 325, 308,, I.P.C at P.S. Badagawan, District- Jhansi., on the basis
of amicable compromise arrived at by both the applicant and the opposite
party no. 2 and the others concerned in this case."

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 nos.2 to 4 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. 4101 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. Let the original compromise deed annexed with this application as
Annexure No.3 be returned to the learned Counsel for the applicants upon
retaining a photostat copy of the same duly attested by the learned Counsel.

7. 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.

8. 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.

9. 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.

10. In view of above, the application under Section 528 B.N.S.S. is,
accordingly, disposed of.

May 6, 2026
Vijay
(Chawan Prakash,J.)

Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad

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