Allahabad High Court
SUNIL KUMAR YADAV ALIAS SUSHIL KUMAR ALIAS HANNUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that the compromise must be filed and verified by the trial court before a joint application to quash the criminal proceeding can be entertained, and therefore disposed of the present Section 528 application.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash a criminal case (Case No. 52 of 2024) alleging offences under Sections 419, 420, 467, 468 and 471 IPC. The applicant claimed that he and the second opposite party had reached an amicable compromise and therefore wanted the criminal proceedings dismissed. The State and the second opposite party did not oppose the filing of a compromise deed before the trial court. The court held that the validity of any compromise must be determined by the trial court, which may verify the deed within 30 days and, if satisfied, place the deed in its record and stay the trial for two months. If the compromise is not filed and verified, the trial will continue. After verification, the parties may jointly invoke the court’s inherent powers to quash the proceedings. Accordingly, the application under Section 528 was disposed.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise between the accused and the complainant.
- Whether the trial court has jurisdiction to verify a compromise deed and stay the trial.
- What procedural steps must be complied with before a joint application for quash can be filed.
Legislation cited
- B.N.S.S. — s. 528
Subjects
- compromise
- criminal procedure
- quash of criminal proceedings
- Section 528
- inherent powers
- trial court verification
- abeyance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50402 of 2025
Sunil Kumar Yadav Alias Sushil Kumar Alias
Hannu .....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Yadavendra Dwivedi
Counsel for Opposite Party(s) : Ashish Kumar, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Yadvendra Dwivedi, learned counsel for the applicant, Jyoti
Kumar Singh, learned A.G.A. for the State as well as Sri Ashish Kumar,
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 impugned charge sheet dated 07.01.2024, cognizance order
and summoning order dated 09.01.2024 as well as the entire proceedings
of Case No. 52 of 2024, arising out of Case Crime No. 151 of 2023, under
Sections 419, 420, 467, 468, 471 I.P.C., Police Station Saadh, District
Kanpur Nagar.
3. Learned counsel for the applicant submits that the applicant 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, does not want to get adjudication of alleged
criminal act and prayed that the aforesaid criminal case may be quashed.
He further submits that the applicant 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
NA528 No. 50402 of 2025
2
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
Checking your session…