Allahabad High Court
SONU ALIAS MOHD IRFAN AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that a compromise must be filed and verified before the trial court within the stipulated period, after which the trial court may keep proceedings in abeyance and, upon verification, the parties may invoke the court’s inherent powers to quash the criminal proceeding.
Summary
The applicants, Sonu alias Mohd Irfan and two others, filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 885 of 2014) arising from alleged offences under IPC sections 323, 324, 504 and 307. They claimed innocence and asserted that the dispute with the opposite parties had been amicably resolved, prompting a request for compromise and dismissal of the case. The State, represented by the Additional Government Advocate, raised no objection provided the parties approach the trial court to file and verify the compromise. The court outlined that a compromise must be filed and verified within 30 days before the trial court, which may then keep the trial in abeyance for two months and, upon verification, allow the parties to invoke its inherent powers to quash the proceeding. Accordingly, the application under Section 528 was disposed, directing the parties to follow the prescribed procedure before seeking quashment.
Issues considered
- Can the parties settle the criminal case by compromise under Section 528 B.N.S.S. and have the proceeding quashed?
- What procedural steps must the trial court follow to entertain and verify a compromise in a criminal matter?
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 307, 323, 324, 504
Subjects
- compromise
- quash criminal proceeding
- Section 528 B.N.S.S.
- Indian Penal Code
- trial court verification
- inherent powers
- abeyance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48442 of 2025
Sonu Alias Mohd Irfan And 2 Others
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Tej Om Prakash Gupta
Counsel for Opposite Party(s) : Shiv Shankar Kaithal, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Tej Om Prakash Gupta, learned Counsel for the applicants,
Mr. Shiv Shankar Kaithal, learned Counsel for opposite party nos.2 and 3
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 this application and decide the case on the terms of compromise and
quash the entire proceeding of Case No. 885 of 2014 (State Vs. Sonu @ Irfan and
others) arising out of Case Crime No. 454 of 2013, under section 323, 324, 504, 307,
I.P.C. P.S. Rasoolpur District Firozabad as well as cognizance order dated 26.2.2014,
pending before Ld. Court Chief Judicial Magistrate, Firozabad."
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 nos.2 and 3 do 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
NA528 No. 48442 of 2025
2
adjudicated by the Trial Court. As such, the parties may appear before
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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