Allahabad High Court
NASIR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
A verified compromise deed permits the parties to invoke the inherent powers of the court to quash the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash criminal case No.118 of 2018 (State vs. Nasir et al.) on the ground that they had reached an amicable compromise. The State and the second opposite party did not contest the existence of the compromise and were willing to allow filing of a compromise deed before the trial court. The court held that the parties may appear before the trial court, file and have the compromise deed verified within 30 days, after which the trial court shall place the deed in its record and stay the proceedings for two months. If the deed is not verified, the trial court will continue the trial. Once verified, the parties may jointly invoke the court’s inherent powers to quash the criminal proceeding. Accordingly, the application under Section 528 was disposed.
Issues considered
- Can a compromise between the accused and the complainant be used to quash pending criminal proceedings under Section 528 B.N.S.S.?
- What procedure must the trial court follow to verify a compromise deed and stay the trial?
- Should the application for quashing be dismissed or disposed of?
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- compromise
- criminal proceeding
- quash
- Section 528
- inherent powers
- verification
- abeyance
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51432 of 2025
Nasir And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar Bind, S. Kamal Akhtar
Khan
Counsel for Opposite Party(s) : Shikha Saxena, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard learned counsel for the applicants, Ms. Shikha Saxen, 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 entire proceeding of Case No.118 of 2018 (State Vs. Nasir
and others) under Sections 420, 467, 468, 471 I.P.C., Police Station Ganj,
District Rampur, pending in the Court of Judicial Magistrate, 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
given circumstances.
5. Whether the parties have entered into compromise, can best be
NA528 No. 51432 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 5, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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