Allahabad High Court
PRADEEP KUMAR AGRAWAL AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The trial court must verify the compromise deed and, upon verification, the parties may jointly apply to quash the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash criminal case No.13 of 2018 (Crime No.309 of 2017) involving offences under Sections 147, 307, 323, 504 and 506 IPC. The applicants claimed that they had reached an amicable compromise with the opposite party and wished to have the criminal proceeding terminated. The State and the opposite party did not contest the existence of the compromise and were willing to file the compromise deed before the trial court. The court held that the trial court alone can verify the compromise deed, place it in the record, and, if verified within 30 days, keep the trial in abeyance for two months. After verification, the parties may jointly invoke the court’s inherent powers to quash the proceeding. Accordingly, the application under Section 528 BNSS was disposed.
Issues considered
- Can a criminal proceeding be quashed on the basis of a compromise between the parties?
- Does the trial court have jurisdiction to verify a compromise deed and stay the trial?
- Is the application under Section 528 BNSS maintainable for quashing the proceeding?
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 147, 307, 323, 504, 506
Subjects
- compromise
- quash criminal proceeding
- Section 528 BNSS
- inherent powers of court
- verification of compromise deed
- abeyance of trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 47727 of 2025
Pradeep Kumar Agrawal And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhinav Gaur, Vibhu Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Ravindra Pratap Verma, Advocate holding brief of Sri
Rakesh Kumar Verma, learned counsel for the applicants, Sri Rajesh
Kumar Pandey, learned counsel for opposite party No.2, 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 entire proceeding of Case No.13 of 2018 arising out of Case
Crime No.309 of 2017, under Sections 147, 307, 323, 504, 506 I.P.C.,
Police Station Sasni Gate, District Aligarh, pending before the Additional
Chief Judicial Magistrate, Court No.III, Aligarh.
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 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
given circumstances.
NA528 No. 47727 of 2025
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 B.N.S.S. is
accordingly disposed of.
(Chawan Prakash,J.)
May 14, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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