Allahabad High Court
SHAHNEWAZ AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 BNSS is disposed, with the court directing the parties to file and verify the compromise before the trial court, which may then consider quashing the proceedings.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash an order dated 21‑06‑2022 that had summoned them under IPC sections 498A, 323, 504 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. They claimed they were falsely implicated and that the underlying personal dispute had been amicably resolved, requesting that the criminal case be dismissed on the basis of a compromise. The State, represented by the Additional Government Advocate, raised no objection to the parties approaching the trial court to record the compromise. The High Court held that any compromise must be filed and verified before the trial court within 30 days, after which the trial court may stay the proceedings for two months and, if satisfied, the parties may jointly invoke the court’s inherent powers to quash the case. Consequently, the application under Section 528 BNSS was disposed without a direct order of quash, directing the parties to follow the prescribed procedure in the trial court.
Issues considered
- Whether an application under Section 528 BNSS seeking quash of criminal proceedings can be entertained when the parties claim to have reached a compromise.
- What procedural steps must the parties follow to have a compromise recognized and the criminal case potentially quashed.
Legislation cited
- BNSS Act — s. 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504
Subjects
- quash
- compromise
- criminal proceedings
- Section 528 BNSS
- Dowry Prohibition Act
- IPC
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41583 of 2026
Shahnewaz And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Siddhartha Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Siddhartha Kumar Mishra, 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 quash the order dated 21.06.2022 passed by the Additional Chief Judicial
Magistrate, Court no.3 Moradabad summoning the Applicants under Section U / S -
498 A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, 1961 and also the
entire proceedings of Criminal Case No. 44505 of 2022 emanating from Charge Sheet
dated 19.12.2021, arising out of Case Crime No.379 of 2021 Police Station
Mainather, District Moradabad pending before the Additional Chief Judicial
Magistrate, Court no.3, Moradabad."
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.
NA528 No. 41583 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. 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 29, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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