Allahabad High Court
UDAIVEER ALIAS BHOLA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The High Court held that the trial court must first verify the compromise deed before the parties may invoke the inherent jurisdiction to quash the criminal proceeding.
Summary
The applicants, Udaiveer alias Bhola and two others, filed an application under Section 528 of the B.N.S.S. seeking to quash Criminal Case No. 1647 of 2021, which arose from offences under Sections 323, 325, 308, 504 and 506 IPC. They claimed that the dispute with the second opposite party had been amicably settled through a compromise and that they would file a compromise deed before the trial court for verification. The State and the second opposite party did not contest the existence of the compromise and agreed that the deed could be filed in the trial court. The High Court held that the trial court alone is competent to verify the compromise deed, and that only after such verification may the parties jointly invoke the court’s inherent power to quash the criminal proceeding. Accordingly, the court directed the parties to file and verify the compromise within 30 days, placed the proceedings in abeyance for two months, and disposed of the Section 528 application.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a compromise between the accused and the complainant under Section 528 of the B.N.S.S.
- Whether the trial court has the jurisdiction to verify a compromise deed and stay the trial pending such verification
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 308, 323, 325, 504, 506
Subjects
- compromise deed
- quash criminal proceeding
- inherent jurisdiction
- Section 528
- trial court verification
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51951 of 2025
Udaiveer Alias Bhola And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Kumar Misra
Counsel for Opposite Party(s) : Anita Singh, G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Dinesh Kumar Misra, learned counsel for applicants, Smt.
Anita Singh, learned counsel for opposite party No.2 and learned AGA
for the State.
2. The applicants have invoked the inherent jurisdiction of this Court
under Section 528 BNSS to quash the entire proceeding of Crl. Case
No.1647 of 2021 (State Vs. Udaiveer @ Bhola and others), arising out of
Case Crime No.176 of 2019, under Sections 323, 325, 308, 504, 506
I.P.C., P.S. Nibohara, District Agra, pending in the Court of Additional
Chief Judicial Magistrate, Agra.
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.
NA528 No. 51951 of 2025
2
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
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
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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