Allahabad High Court

ALOK GAUTAM AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: CHAWAN PRAKASH

Holding

A compromise deed must be filed, signed by all parties, and verified by the trial court before a joint application can be made to invoke the court’s inherent power to quash the criminal proceeding.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and the entire criminal proceeding (Criminal Case No. 143411 of 2022) on the ground that they had reached a compromise with the second opposite party. Both the State and the second opposite party did not contest the existence of the compromise and were willing to file the compromise deed before the trial court. The court held that the trial court must first verify the compromise deed, which must be signed by both the informant/victim and the accused, and placed in the court record. If verified within 30 days, the trial court shall stay the proceedings for two months; thereafter, the parties may file a joint application invoking the court’s inherent powers to quash the case. The application under Section 528 was therefore disposed.

Issues considered

Can a compromise between parties be the basis for quashing criminal proceedings under Section 528 B.N.S.S.?
What procedural steps must the trial court follow to verify a compromise deed?
May the court invoke its inherent powers to quash the criminal case after verification of the compromise?

Legislation cited

B.N.S.S. — s. 528
Indian Penal Code — s. 323, 380, 406, 420, 504, 506

Subjects

compromise deed
criminal procedure
Section 528
quash criminal proceeding
inherent powers
trial court verification
Indian Penal Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50709 of 2025

Alok Gautam And Another
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Harendra Yadav
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Harendra Yadav, learned counsel for the applicants, 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 the charge sheet dated 16.07.2022 as well as entire
proceeding of Crl. Case No.143411 of 2022 (State Vs. Alok Gautam and
others) arising out of Case Crime No. 30 of 2022, under Sections 420,
406, 323, 504, 506, 380 I.P.C. Police Station Barra, District Kanpur
Nagar on the basis of compromise entered between the parties.

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 does 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 given circumstances.

5. Whether the parties have entered into compromise, can best be
NA528 No. 50709 of 2025
2

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 7, 2026
Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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