Allahabad High Court
PRADEEP KUMAR AGARWAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, with the matter to be referred to the trial court for verification of any compromise before a quash order can be considered.
Summary
The applicants, Pradeep Kumar Agarwal and two others, filed an application under Section 528 of the B.N.S.S. seeking to quash criminal case No 2052/2019, which involved offences under Sections 307, 406, 323, 504, 506 and 427 IPC. They claimed they were falsely implicated and that the underlying personal dispute had been amicably resolved, so the second opposite party desired a compromise. The State’s Additional Government Advocate did not object, but directed that any compromise must be presented before the trial court for verification. The High Court held that the trial court alone can determine whether a valid compromise exists, requiring the parties to file and verify the compromise within 30 days, after which the trial proceedings would be stayed for two months. Once verified, the parties may jointly invoke the High Court’s inherent powers to seek quashment. Accordingly, the High Court disposed of the Section 528 application without granting any relief.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 of the B.N.S.S. when the parties claim to have reached a compromise.
- Whether the High Court can entertain a compromise application directly or must refer the matter to the trial court for verification.
Legislation cited
- B.N.S.S. — s. 528
Subjects
- criminal procedure
- compromise
- quash of criminal proceedings
- Section 528
- inherent powers
- trial court jurisdiction
- abeyance of trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 47744 of 2025
Pradeep Kumar Agarwal And 2 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 Mr. Ankit Shukla, learned Counsel holding brief of Mr. Abhinav
Gaur, 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 kindly be pleased
to allow the present Criminal Misc. application and quash the entire proceedings of
Criminal Case No. 2052 /2019 -State Versus Pradeep Kumar Agarwal and others,
arising out of Case Crime No. 193/2019 under Sections 307, 406, 323, 504, 506 and
427 I.P.C. relating to Police Station Sasni Gate, District Aligarh, pending in the court
of Additional Chief Judicial Magistrate-V Aligarh."
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.
5. Whether the parties have entered into compromise, can best be
adjudicated by the Trial Court. As such, the parties may appear before
NA528 No. 47744 of 2025
2
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.)
May 14, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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