Allahabad High Court
SANJAY AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 B.N.S.S. is disposed, directing the parties to approach the trial court for verification of the compromise deed.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (S.T. No.280 of 2024 & 08/2025) arising from a case registered under IPC sections 323, 504, 506 and 307. They asserted that the dispute had been amicably settled through a compromise and that the compromise deed would be filed before the trial court for verification. The State and the second opposite party did not contest the existence of the compromise and indicated no objection to the filing of the deed. The High Court held that the question of whether a valid compromise exists is for the trial court, directing the parties to file and have the deed verified within 30 days, after which the trial court may stay the proceedings for two months. Consequently, the application under Section 528 was disposed without a direct order to quash the criminal case.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 B.N.S.S. when the parties claim to have reached a compromise
- Whether the High Court can entertain a compromise deed without trial‑court verification
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 307, 323, 504, 506
Subjects
- compromise
- criminal proceeding
- quash
- Section 528
- inherent powers
- trial court verification
- abeyance
- IPC sections 323 504 506 307
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48204 of 2025
Sanjay And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Mishra
Counsel for Opposite Party(s) : Saurabh Mishra, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicants,
Sri Saurabh Mishra, 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 S.T. No.280 of 2024 & 08/2025 (State
Vs. Sanjay and others) arising out of Case Crime No.75 of 2023, under
Sections 323, 504, 506, 307 I.P.C., Police Station Basrehar, District
Etawah.
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. 48204 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 5, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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