Allahabad High Court
GAURAV AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court disposed the application, directing the parties to file and verify a compromise deed before the trial court and thereafter jointly invoke the Court’s inherent powers 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 cognizance order in a criminal case involving alleged offences under sections 109(1), 115(2), 352 and 117(2) of the B.N.S. They asserted that they and the victims had reached an amicable compromise and did not wish to proceed to trial. The State’s A.G. raised no objection to the filing of a compromise deed before the trial court. The Court held that the trial court is the proper forum to determine the existence of a compromise, requiring the parties to file and verify the deed within 30 days, after which the trial may be stayed for two months. If the deed is verified, the parties may jointly invoke the Court’s inherent powers to quash the criminal proceeding. Accordingly, the application under Section 528 was disposed, directing the parties to follow the prescribed procedure.
Issues considered
- Whether a compromise between the accused and victims can be entertained to quash criminal proceedings under Section 528 B.N.S.S.
- Whether the trial court has jurisdiction to verify the compromise deed and stay the proceedings
- Whether the application for quash should be dismissed or disposed
Legislation cited
Subjects
- compromise deed
- quash criminal proceeding
- Section 528
- inherent powers
- trial court verification
- criminal case
- settlement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51987 of 2025
Gaurav And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Anil Kumar Shukla, 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 to
quash the charge sheet dated 12.08.2025 as well as cognizance and
summoning order dated 18.09.2025 in Case No. 7597 of 2025 (State Vs.
Gaurav Lal and others), arising out of Case Crime No. 162 of 2025, under
Sections 109(1), 115(2), 352, 117(2) B.N.S. against the applicant nos. 1
and 2 and Sections 115(2), 352 B.N.S. against the applicant nos. 3 and 4,
Police Station Nakud, District Saharanpur, pending in the court of Judicial
Magistrate-III, Saharanpur on the basis of compromise.
3. Learned counsel for the applicants submits that the applicants and
opposite party no. 2 and all the injured persons of this case 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.
NA528 No. 51987 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 14, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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