Allahabad High Court
RAJ AHIRWAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, directing the parties to seek trial‑court verification of any compromise before any quash order can be considered.
Summary
The applicants filed an application under Section 528 of the BNSS seeking quash of a charge sheet and related proceedings, claiming they were falsely implicated and that the parties had amicably resolved their dispute. The State did not object to a compromise being filed in the trial court. The court examined whether a compromise can be entertained and the procedure for verification, noting that the victim and accused must be signatories and appear before the trial court. It held that the parties should approach the trial court to file and verify the compromise within 30 days, after which the trial court may stay proceedings for two months. Accordingly, the application under Section 528 BNSS was disposed without granting a quash order.
Issues considered
- Can a compromise between parties lead to quashing of criminal proceedings under Section 528 BNSS?
- What are the procedural requirements for filing and verifying a compromise in the trial court?
- Is the trial court barred from entertaining a compromise if the victim or accused do not sign and appear?
Legislation cited
- B.N.S. Act — s. 115(2), 351(2), 352, 85
- BNSS Act — s. 528
- D.P. Act — s. 3, 4
Subjects
- compromise
- criminal procedure
- Section 528
- quash of charge sheet
- inherent powers
- trial court verification
- abeyance of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41088 of 2026
Raj Ahirwar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Piyush Kumar Shukla, Saurabh Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Piyush Kumar Shukla, learned Counsel for the applicants 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 application and set aside/quash the Charge Sheet no. 19
of 2026 dated 29.03.2026 and cognizance order dated 09.07.2026 passed by Court of
Civil Judge (J.D.)/ F.T.C.(C.A.W.), District Jhansi as well as entire proceedings of
Case No. 30760 of 2026, arising out of Case Crime No. 07 of 2026, under section 85,
115(2), 352, 351(2) BNS And 3/4 D.P. Act, Police Station Mahila Thana, District
Jhansi."
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.
5. Whether the parties have entered into compromise, can best be
NA528 No. 41088 of 2026
2
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 24, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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