Allahabad High Court
VIKRAM AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court ordered that the parties must file and have the compromise deed verified by the trial court within 30 days, after which the proceedings may be stayed and the parties may jointly seek quash of the criminal case.
Summary
The applicants filed an application under Section 528 of the B.N.S. seeking to quash a charge sheet and the entire criminal proceeding, claiming that they had reached an amicable compromise with the second opposite party. The State did not oppose the filing of a compromise deed before the trial court. The court held that the trial court alone can determine the existence of a valid compromise and directed the parties to file and have the deed verified within 30 days, after which the trial proceedings would be stayed for two months. If the compromise is properly verified, the parties may jointly invoke the court’s inherent powers to have the criminal case quashed. Accordingly, the application under Section 528 was disposed of.
Issues considered
- Whether an application under Section 528 B.N.S. for quashing a criminal proceeding can be entertained when the parties claim to have reached a compromise.
- Whether the trial court has the authority to verify a compromise deed and stay the proceedings.
- What procedural steps must be followed for a compromise to be considered valid for the purpose of quashing the case.
Legislation cited
- B.N.S. — s. 110, 115(2), 191(2), 324(4), 351(2), 352, 528
Subjects
- compromise deed
- quash criminal proceeding
- Section 528
- inherent powers
- trial court verification
- stay of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51727 of 2025
Vikram And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devesh Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Devesh Kumar Sharma, learned counsel for the applicants,
Sri Anil Kumar Ojha, 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 Charge Sheet dated 13.12.2024 being Charge Sheet No. 501
of 2024 as well as the entire proceedings of Criminal Case No. 80693 of
2025 (State of U.P. Vs. Praveen and others), under Sections 191(2),
115(2), 352, 351(2), 324(4), 110 of B.N.S., Police Station Chhata, District
Mathura including order of cognizance and summoning dated 01.08.2025,
pending in the court of learned Additional Chief Judicial Magistrate,
Court No. 1, Mathura in terms of compromise dated 02.12.2025.
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, 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 applicants shall file compromise deed before
the learned trial court for verification.
4. Learned A.G.A. for the State submits that he has 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
NA528 No. 51727 of 2025
2
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 6, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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