Allahabad High Court
MATARU AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that a compromise must first be filed and verified before the trial court, and only thereafter may a joint application be made to quash the criminal proceeding, leading to the disposal of the Section 528 application.
Summary
The applicants, Mataru and another, were charged under sections 308(4), 352 and 351(3) of the B.N.S. Act in a criminal case filed by the State of U.P. They filed an application under Section 528 of the B.N.S. seeking to quash the charge sheet and cognizance order, claiming they were falsely implicated and that the underlying personal dispute had been amicably resolved. The State’s Advocate General did not object to a compromise, but directed that any settlement must be filed and verified before the trial court. The court explained that a compromise can be entertained only if both the informant/victim and the accused sign and appear before the trial court, after which the trial court may stay proceedings for two months and the parties may jointly invoke the court’s inherent powers to quash the case. Since the applicants had not yet filed such a compromise, the court disposed of the Section 528 application, directing the parties to approach the trial court for verification of any compromise.
Issues considered
- Whether a criminal proceeding under the B.N.S. Act can be quashed on the basis of a compromise between the parties under Section 528.
- Whether the trial court must first verify a compromise before the High Court can entertain a quash application.
Legislation cited
- B.N.S. — s. 308(4), 351(3), 352, 528
Subjects
- compromise
- quash
- criminal proceeding
- Section 528
- inherent powers
- trial court verification
- abeyance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49030 of 2025
Mataru And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Hira Lal
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Kuldeep Kumar, learned Counsel holding brief of Mr. Hira
Lal, 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
graciously be pleased to quash the entire proceeding as well as Charge
sheet dated 12.04.2025 and cognizance order dated 28.07.2025 passed by
Additional Civil Judge (J.D.)-07, Varanasi in Case No.35102 of 2025 (State
Vs. Mataru and another) arising out of Case Crime No.110 of 2025 under
section 308(4), 352, 351 (3) B.N.S., Police Station-Sarnath, District
Varanasi."
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
NA528 No. 49030 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 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 6, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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