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Allahabad High Court

MOHD SALEEM AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that the matter must be referred to the trial court for verification of the compromise and disposed of the application without quashing the proceedings.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 488 of 2022) arising from offences under Sections 498A, 323, 504, 506 IPC and Sections 3/4 D.P. Act. They claimed that the parties had amicably settled the dispute by a compromise dated 2 April 2026 and argued that continuing the trial would be an abuse of process. The State opposed, contending that the trial court must first verify the authenticity and terms of the compromise before any quash order can be entertained. The High Court, without expressing any view on the merits, directed the parties to appear before the trial court with the certified compromise deed for verification and ordered that no coercive action be taken pending that verification. The Court further indicated that the applicants could approach it again after the trial court’s verification for a possible quash order. Consequently, the application was disposed of pending verification.

Issues considered

  • Whether an application under Section 528 B.N.S.S. can be entertained to quash criminal proceedings on the ground of a compromise between parties.
  • Whether the trial court must verify the compromise before any order of quash can be passed.
  • Whether the High Court can directly quash the proceedings without such verification.

Legislation cited

Subjects

  • compromise deed
  • quash of criminal proceedings
  • Section 528
  • verification of compromise
  • abuse of process
  • criminal trial

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

             APPLICATION U/S 528 BNSS No. - 41050 of 2025

Mohd Saleem And 3 Others
                                                                 .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)                             :    Dileep Kumar
Counsel for Opposite Party(s)                        :    G.A.

Court No. - 78
                   HON'BLE NAND PRABHA SHUKLA, J.

1. Supplementary affidavit filed by learned counsel for the applicants and
Vakalatnama filed by Shri Jay Prakash Yadav, learned counsel for the
opposite party no.2 are taken on record.

2. Heard Sri Dileep Kumar, learned counsel for the applicants, Shri Jay
Prakash, learned counsel for the opposite party no.2, learned A.G.A. for the
State and perused the record.

3. The present application under Section 528 B.N.S.S. has been filed with a
prayer to allow this application and quash the entire proceedings of Criminal
Case No. 488 of 2022, arising out of Case Crime No. 313 of 2021, under
Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station
Bisalpur, District Pilibhit pending in the Court of Judicial Magistrate, Bisalpur
as well as impugned summoning order dated 16.4.2022 and charge sheet
dated 19.12.2021 in the aforesaid case.

4. Learned counsel for the applicants submit that the parties have amicably
settled their disputes through compromise dated 2.4.2026 which has been
placed as Annexure No. SA-1 to the application. Therefore, no useful purpose
would be served in continuing the proceedings before the Court concerned
and the same is not only sheer wastage of time of the Court but also abuse of
process of law.

5. Learned A.G.A., however, submits that it is the Trial Court, which has to
verify the fact as to whether the parties have entered into compromise, hence
the applicants may approach the concerned Court and move an application
with respect to compromise between the parties, which will be decided in
accordance with law.

6. In view of above, without expressing any opinion on the merits of the case,
                                                                                              NA528 No. 41050 of 2025
                                                                     2

                                    both the parties are directed to appear before the Trial Court along with
                                    compromise deed as well certified copy of this order within three weeks from
                                    today. It is expected that Court concerned may fix a date for the verification of
                                    the compromise and after ensuring the presence of the parties, pass an
                                    appropriate order with respect to the same in accordance with law, as
                                    expeditiously as possible, after giving opportunity of hearing to both the
                                    parties, preferably within a period of three months from the date of production
                                    of a certified copy of this order, if there is no other legal impediment. While
                                    passing the order verifying the compromise, the Court concerned shall also
                                    record the statements of the parties as to whether all the terms and conditions
                                    mentioned in the original compromise deed, so filed, have been fulfilled or not.

                                    7. The Court in that scenario will allow the parties to obtain certified copy of
                                    the report as well as compromise and it will be open to the applicants to
                                    approach this Court again for quashing of the proceedings.

                                    8. Till verification of compromise between the parties by the Court concerned,
                                    no coercive action shall be taken against the applicants in the aforesaid case.

                                    9. With the aforesaid directions, this application is disposed of.

                                    April 20, 2026
                                    Fhd
                                                                                          (Nand Prabha Shukla,J.)




Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad


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