Allahabad High Court
AMIT SRIVASTAVA @ HARISH SRIVASTAVA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 of the B.N.S.S. is disposed, with the parties directed to file and verify a compromise deed before the trial court before any further relief can be granted.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and criminal proceedings (Case No.2591/2023) arising from offences under Sections 498A, 323, 504, 506, 354 IPC and Sections 3 and 4 of the Dowry Prohibition Act, on the ground that they had reached a compromise with the State. The State’s Advocate accepted the compromise and raised no objection to the filing of a compromise deed before the trial court. The High Court held that the validity of a compromise must be determined by the trial court, which may verify the deed within 30 days and, if satisfied, place the deed in its record, stay the trial for two months, and thereafter allow the parties to jointly invoke the Court’s inherent powers to quash the proceeding. The Court directed the parties to approach the trial court for verification of the compromise deed and disposed of the Section 528 application.
Issues considered
- Whether a compromise between the accused and the State can be used to quash criminal proceedings under Section 528 of the B.N.S.S.
- Whether the trial court has jurisdiction to verify a compromise deed and stay the trial pending verification
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 498A, 504, 506
Subjects
- compromise
- quash of criminal proceeding
- Section 528
- inherent powers
- trial court verification
- IPC offences
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41618 of 2026
Amit Srivastava @ Harish Srivastava And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahendra Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard 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
No.302/2022 dated 28.08.2022, cognizance order dated 14.02.2023 and
the entire proceeding of Case No.2591/2023 (State Versus Amit
Srivastava @ Harish Srivastava and others), arising out of Case Crime
No.451 of 2021, under Sections 498A, 323, 504, 506, 354 I.P.C. and 3/4
of D.P. Act, Police Station Shahganj, District Agra on the basis of
compromise.
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
circumstances.
NA528 No. 41618 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 and file the 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.)
September 29, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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