Allahabad High Court
SHAMEEM AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court disposed of the application, directing that the compromise must first be verified by the trial court before any quash order can be entertained.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash criminal proceedings (Charge Sheet No. 751 of 2018) arising from offences under Sections 308, 323, 504 and 506 IPC, on the ground that the matter had been compromised between the parties. The State’s A.G. did not object to the compromise but indicated that the trial court should adjudicate its validity. The High Court held that the trial court must first verify the compromise, requiring the parties to appear and file the compromise within 30 days, after which the trial court may stay the trial for two months. If the compromise is verified, the parties may then file a joint application invoking the court’s inherent powers to quash the proceedings. The court directed the office to forward the original compromise to the trial court and disposed of the Section 528 application.
Issues considered
- Whether a criminal proceeding can be quashed under Section 528 B.N.S.S. on the basis of a compromise between the parties.
- Whether the High Court can entertain the application without the trial court first verifying the compromise.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 308, 323, 504, 506
Subjects
- compromise
- criminal procedure
- quash of criminal proceedings
- Section 528
- inherent powers
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50429 of 2025
Shameem And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Umair Mahmood
Counsel for Opposite Party(s) : G.A., Mohammad Akram
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Umair Mahmood, learned Counsel for the applicant, Mr.
Mohd. Akram, learned Counsel for opposite party no.2 and learned
A.G.A.for the State.
2. The present application has been filed under Section 528 BNSS by the
applicant with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to allow this application and quash the entire criminal
proceedings of charge sheet No. 751 of 2018 dated 09.12.2018 (State Versus
Shameem & others), arising out of Case Crime No. 707 of 2013, Under
Sections 308, 323, 504, 506 I.P.C., Police Station Kotwali City, District
Bijnor, as well as cognizance order dated 23.06.2022, in terms of
compromise dated 06.11.2025.
3. Learned Counsel for applicant and opposite party no.2 submit that the
matter has been compromised between parties.
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
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.
NA528 No. 50429 of 2025
2
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. Office is directed to send the original compromise for verification before
the trial court after retaining the photostat copy of the same.
10. In view of above, the application under Section 528 B.N.S.S. is,
accordingly, disposed of.
(Chawan Prakash,J.)
April 28, 2026
v.k. updh.
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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