Allahabad High Court
SHAHZAD AND 4 OTHERSversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, with the parties directed to approach the trial court for filing and verification of the compromise deed before any quashment can be considered.
Summary
The applicants, Shahzad and four others, filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and criminal proceedings (Criminal Case No. 7464 of 2024) alleging offences under various IPC sections. They claimed that they had reached an amicable compromise with the State and intended to file a compromise deed for verification. The State’s counsel did not object to the compromise but emphasized that the trial court must adjudicate its validity. The High Court directed the parties to file the verified compromise deed before the trial court within 30 days, after which the trial court may place the deed in its record and, if appropriate, the parties may jointly apply to quash the proceedings. The Court held that it would not entertain the application for quashment at this stage and disposed of the Section 528 application, leaving the matter to the trial court.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise between the parties under Section 528 of the B.N.S.S.
- Whether the High Court has jurisdiction to entertain the application for quashment or the matter should be decided by the trial court.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 147, 148, 308, 323, 325, 352, 504, 506
Subjects
- compromise
- criminal procedure
- quashment
- Section 528
- inherent powers
- trial court jurisdiction
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 43261 of 2025
Shahzad And 4 Others
.....Applicant(s)
Versus
State Of U.P. And 6 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kr. Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Sanjay Kr. Srivastava, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed for
quashing the charge sheet dated 20.11.2023 and cognizance/summoning
order dated 3.4.2024 as well as entire proceeding of Crl. Case No.7464 of
2024 (State vs. Shahzad and others) arising out of Case Crime No.54 of
2023, under Sections 147, 148, 323, 325, 352, 504, 506, 308 I.P.C., Police
Station Falawda, District Meerut.
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 applicants 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.
5. Whether the parties have entered into compromise, can best be
adjudicated by the trial court. As such, the parties may appear before the
NA528 No. 43261 of 2025
2
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 B.N.S.S. is
accordingly disposed of.
(Chawan Prakash,J.)
May 5, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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