Allahabad High Court

KAPIL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: CHAWAN PRAKASH

Holding

The High Court held that the trial court, not the High Court, must verify any compromise deed and, upon verification, the parties may jointly seek quashment of the criminal proceeding.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and cognizance order in Criminal Case No. 5976 of 2025, alleging that they had reached an amicable compromise with the second opposite party. Both the State’s Additional Government Advocate and the counsel for the second opposite party did not contest the existence of the compromise or the documents presented. The High Court held that the validity of any compromise must be determined by the trial court, which may verify the deed within 30 days and, if satisfied, place it on record. The Court directed that if the compromise is filed and verified, the trial proceedings may be stayed for two months, after which a joint application can be made to invoke the Court’s inherent powers to quash the criminal proceeding. Consequently, the application under Section 528 was disposed, with the parties instructed to approach the trial court for verification of the compromise deed.

Issues considered

Whether a compromise between the parties can be the basis for quashing criminal proceedings under Section 528 B.N.S.S.
Whether the trial court has jurisdiction to verify and record a compromise deed in a criminal case
What procedural steps must be followed for the compromise to affect the pending criminal trial

Legislation cited

B.N.S.S. — s. 528
Indian Penal Code — s. 323, 325, 352

Subjects

compromise deed
criminal procedure
quashment
Section 528 B.N.S.S.
inherent powers
trial court jurisdiction
abeyance of proceedings

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42224 of 2025

Kapil And 2 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Haya Rizvi
Counsel for Opposite Party(s) : G.A.

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

1. Sri Mohammad Belal, Advocate has filed his Vakalatnama on behalf of
opposite party No.2, is taken on record.

2. Heard Ms. Haya Rizvi, learned counsel for the applicants, Mr.
Mohammad Belal, learned counsel for 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 for
quashing the charge sheet dated 26.9.2023 and cognizance order dated
9.10.2025 as well as entire proceeding of Crl. Case No.5976 of 2025
(State Vs. Vipin @ Lilu and others) arising out of Case Crime No.455 of
2023, under Sections 352, 323, 325 I.P.C., Police Station Baghpat,
District Baghpat.

4. 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 applicants shall file compromise deed before
the learned trial court for verification.

5. Learned A.G.A. for the State as well as learned counsel for opposite
party No.2 do not dispute the correctness of the submission made by
learned counsel for the applicants or the correctness of the documents
relied upon by him. They submit that opposite party no. 2 have no
objection, if the parties approach trial court to file compromise deed in the
NA528 No. 42224 of 2025
2

given circumstances.

6. 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.

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 in
accordance with law.

9. 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.

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

11. Office is directed to return the original compromise deed to the
learned counsel for the applicant, if any, after taking the photocopy of the
same.

(Chawan Prakash,J.)
May 5, 2026
Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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