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Allahabad High Court

AZAM AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 B.N.S.S. is disposed of, with the matter to be decided by the trial court upon verification of the compromise deed.

Summary

The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and criminal proceedings (Case No. 356 of 2025) on the ground that they had reached an amicable compromise with the State. The State, through the A.G.A., raised no objection to the filing of a compromise deed before the trial court. The Court held that the trial court is the appropriate forum to verify any compromise, requiring the signatures of both the informant/victim and the accused, and to place the original deed in its record. If a compromise is filed and verified within 30 days, the trial proceedings will be stayed for two months; otherwise, the trial will continue. The Court directed the parties to approach the trial court for verification and thereafter file a joint application invoking the Court's inherent powers to quash the proceeding. Consequently, the application under Section 528 was disposed of.

Issues considered

  • Whether an application under Section 528 B.N.S.S. for quashing criminal proceedings can be entertained when the parties claim to have reached a compromise.
  • Whether the trial court has jurisdiction to verify the compromise deed and stay the proceedings.

Legislation cited

Subjects

  • compromise
  • criminal procedure
  • quash
  • Section 528
  • inherent powers
  • trial court verification

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 51800 of 2025

Azam And 5 Others
                                                           .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Rakesh       Chandra    Pathak,    Ramanuj
                                Tiwari
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Ramanuj Tiwari, learned counsel for the applicants, Sri Neel
Kant Upadhyay, 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 02.07.2025 and entire proceeding of
Case No. 356 of 2025 (State Vs. Azam and others), arising out of Case
Crime No. 0041 of 2025, under Sections 191(2), 333, 115(2), 352, 351(3),
131 B.N.S., Police Station Bara, District Yamunapar Commissionerate,
Prayagraj, pending in the court of learned Judicial Magistrate-IV,
Allahabad.

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
trial court and file the compromise deed entered into between the parties
                                                                                            NA528 No. 51800 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


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