Allahabad High Court
SHOAIB AKHTAR @ BADSHAHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The trial court shall verify the compromise deed and, upon verification, the parties may jointly apply to quash the criminal proceeding, and the Section 528 application is disposed.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Case No. 140001 of 2023) that were based on a compromise in a case involving offences under Sections 420, 406 and 379 IPC. The High Court noted that the parties had been directed to appear before the trial court for verification of the compromise deed but had failed to do so. Both the applicant’s counsel and the State’s counsel agreed that the parties could now approach the trial court to file and verify the compromise deed. The Court held that the trial court alone can determine whether a valid compromise exists, must verify the deed, and may place the original in its record, with the proceedings staying in abeyance for two months if verification is completed. The Court directed the parties to file the deed within 30 days, after which they may jointly invoke the Court’s inherent powers to quash the criminal case. Accordingly, the application under Section 528 was disposed.
Issues considered
- Whether the parties can file and have the compromise deed verified by the trial court for the purpose of quashing the criminal proceeding
- Whether the High Court should entertain the application under Section 528 of the B.N.S.S. to quash the proceeding
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 379, 406, 420
Subjects
- compromise deed
- criminal proceeding
- Section 528
- B.N.S.S.
- verification
- inherent power
- quash
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49108 of 2025
Shoaib Akhtar @ Badshah
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar Tripathi
Counsel for Opposite Party(s) : Akhilesh Kumar Tripathi, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant,
Sri Kamal Dev Rai, learned A.G.A. for the State, Sri Akilesh Kumar
Tripathi, learned counsel for the opposite party no. 2 and perused the
record.
2. The present application under Section 528 B.N.S.S. has been filed for
quashing the entire proceeding of Case No. 140001 of 2023 (State Vs.
Shoaib Akhtar @ Badshah), arising out of Case Crime No. 725 of 2021,
under Sections 420, 406, 379 I.P.C., Police Station Khalilabad, District
Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant
Kabir Nagar on the basis of compromise.
3. Learned counsel for the applicants submits that this Court vide order
dated 07.01.2026, directed the parties to appear before court concerned
within six weeks for verification but the parties did not appear before the
court concerned. Now they are ready to appear before the court concerned
for verification. He further submits that the applicants shall file
compromise deed before the learned trial court for verification.
4. Learned counsel for the opposite party no. 2 and learned A.G.A. for the
State submit that they have no objection if the parties approach trial court
to file compromise deed 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 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
NA528 No. 49108 of 2025
2
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 15, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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