Allahabad High Court
SMT. KRISHNA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The trial court alone may verify the compromise deed and, if satisfied, the parties may jointly seek quash of the criminal proceeding.
Summary
The applicants, Smt. Krishna and two others, filed an application under Section 528 of the B.N.S.S. seeking to quash a criminal charge sheet and proceedings arising from alleged offences under Sections 420, 120B, 342, 504 and 506 IPC. They claimed that the dispute had been amicably settled by compromise and that they would file a compromise deed before the trial court for verification. The State and the opposite party did not contest the existence of the compromise and agreed that the matter could be placed before the trial court for verification of the deed. The court held that the trial court alone can determine the validity of the compromise, verify the deed, and, if satisfied, place the original in its record and stay the trial for two months. If the deed is verified within the stipulated period, the parties may jointly invoke the court’s inherent powers to have the criminal proceeding quashed. Accordingly, the application under Section 528 was disposed.
Issues considered
- Whether a criminal proceeding under the IPC can be quashed on the basis of a compromise between the parties under Section 528 B.N.S.S.
- Whether the trial court has the jurisdiction to verify a compromise deed and stay the trial pending verification
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 120B, 342, 420, 504, 506
Subjects
- compromise
- criminal procedure
- quash
- Section 528
- inherent powers
- trial court verification
- abeyance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50378 of 2025
Smt. Krishna And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Mohan Pandey, Ram Raj Mishra
Counsel for Opposite Party(s) : G.A., Radhey Raman Mishra
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Anand Mohan Pandey, learned counsel for the applicants, Sri
Sumit Ranjan Mishra, Advocate holding brief of Sri Radhey Raman
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 impugned charge sheet dated 18.6.2024 along with
cognizance/summoning order dated 21.12.2024 as well as entire
proceeding of Case No.7750 of 2024 (State Vs. Smt. Krishna and others)
arising out of Case Crime No.216 of 2023, under Sections 420, 120B,
342, 504, 506 I.P.C., Police Station Tanda, District Rampur.
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
NA528 No. 50378 of 2025
2
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 5, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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