Allahabad High Court

IRSHAD AND 8 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: CHAWAN PRAKASH

Holding

The trial court must verify the compromise deed within 30 days, after which the parties may jointly apply to quash the criminal proceeding under Section 528 B.N.S.S.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the criminal case (State Vs. Irshad and others) pending before the Chief Judicial Magistrate, Saharanpur, on the basis of a compromise that had not been verified. The High Court directed that the parties appear before the trial court within 30 days to file and have the compromise deed verified, after which the original deed should be placed in the court record. The trial court may stay the proceedings for two months if the compromise is filed and verified; otherwise the trial must continue. The court also held that once the compromise is verified, the parties may jointly invoke the court’s inherent powers to quash the criminal proceeding. Accordingly, the application under Section 528 B.N.S.S. was disposed.

Issues considered

Whether the parties have entered into a valid compromise that can be verified by the trial court.
Whether the criminal proceeding can be quashed under Section 528 of the B.N.S.S. pending verification of the compromise.
What procedural steps are required for filing, verification, and abeyance of the trial pending the compromise.

Legislation cited

B.N.S.S. — s. 528
Indian Penal Code — s. 147, 148, 323, 427, 452, 504, 506

Subjects

compromise deed
verification
quash criminal proceeding
Section 528 B.N.S.S.
trial court abeyance
inherent powers of court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50316 of 2025

Irshad And 8 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Raj Kumar Singh
Counsel for Opposite Party(s) : Ashfaq Ahmed Ansari, G.A.

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

1. Heard Sri Raj Kumar Singh, learned counsel for the applicants, Sri
Kamal Dev Rai, learned A.G.A. for the State as well as Sri Ashfaq
Ahmed Ansari, 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 criminal proceeding of Case No. 1181 of 2021 (State
Vs. Irshad and others) including charge sheet No. 337 of 2020 dated
29.09.2020, arising out of Case Crime No. 403 of 2020, under Sections
147, 148, 452, 427, 323, 504, 506 I.P.C., Police Station Sadar Bazar,
District Saharanpur and the summoning order dated 28.01.2021 passed by
the learned Chief Judicial Magistrate, Saharanpur, pending in the court of
learned Chief Judicial Magistrate, Saharanpur, on the basis of
compromise.

3. Learned counsel for the applicants submits that this Court vide order
dated 22.01.2026 directed both the parties to appear before the court
concerned within six weeks from today for verification and the court
concerned is directed to verify the same and the applicants were directed
to file supplementary affidavit annexing certified copy of the compromise
as well as verification proceedings of compromise but the parties could
not appear before the trial court and compromise could not be verified. He
further submits that the applicants shall file compromise deed before the
learned trial court for verification and the learned trial court may be
directed to verify the same in terms of compromise.
NA528 No. 50316 of 2025
2

4. Learned counsel for the opposite party no. 2 as well as learned A.G.A.
for the State submits 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
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 6, 2026
Rmk.

Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad

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