Allahabad High Court

SACHIN AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 22 April 2026
Bench: CHAWAN PRAKASH

Holding

The High Court disposed the application, directing that the compromise deed be filed and verified by the trial court before any quash order can be entertained.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 6357 of 2022) arising from a 2021 crime complaint. They claimed that they had reached an amicable compromise with the State and wished to avoid adjudication of the alleged offences. The State did not contest the existence of the compromise but indicated that verification must be done by the trial court. The High Court held that the trial court is the appropriate forum to examine and verify any compromise deed, and directed the parties to file the deed within 30 days for verification, after which a joint application for quash may be filed. The application under Section 528 was therefore disposed, with the trial court proceedings to be stayed for two months pending verification.

Issues considered

Can an application under Section 528 B.N.S.S. for quashing criminal proceedings be entertained when parties claim to have reached a compromise?
Whether the trial court must verify the compromise deed before any quash order can be entertained?
Whether the High Court can directly quash the criminal case without trial court verification of the compromise.

Legislation cited

B.N.S.S. — s. 528
Indian Penal Code — s. 147, 148, 149, 308, 323, 504, 506

Subjects

compromise deed
criminal proceeding
quash
Section 528
inherent powers
trial court verification
abeyance of proceedings

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 47915 of 2025

Sachin And 5 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Sachin Malik
Counsel for Opposite Party(s) : G.A.

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

1. Supplementary affidavit filed today, is taken on record.

2. Heard Sri Sachin Malik, learned counsel for the applicants, 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 entire proceedings in Case no.6357 of 2022 (State Vs.
Sachin and others) arising out of Case Crime No.886 of 2021, under
Sections 147, 148, 149, 323, 504, 506 and 308 I.P.C., Police Station
Surajpur, District Gautam Budh Nagar.

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

5. Learned A.G.A. for the State does not dispute the correctness of the
submission made by learned counsel for the applicant or the correctness
of the documents relied upon by him. He submits that if the parties
approach trial court to file compromise deed in the 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
NA528 No. 47915 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.

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.

(Chawan Prakash,J.)
April 23, 2026
Md Faisal

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

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