Allahabad High Court
AMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The trial court must determine the existence of a compromise and, upon verification of a duly signed compromise deed, the parties may jointly invoke the Court’s inherent powers to quash the criminal proceeding.
Summary
The applicant filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and related criminal proceedings, alleging that the dispute with the State had been settled by compromise. The State did not object to the filing of a compromise deed before the trial court. The Court held that the existence and validity of any compromise must be determined by the trial court, which may verify a duly signed compromise deed within 30 days and place it on record. If the compromise is verified, the trial court may stay the proceedings for two months and the parties may jointly invoke the Court’s inherent powers to quash the case. The application was therefore disposed without ordering quash of the proceedings pending compliance with the procedural steps.
Issues considered
- Can a compromise between the parties be the basis for quashing criminal proceedings under Section 528 B.N.S.S.?
- Whether the trial court has jurisdiction to adjudicate the existence of a compromise and verify the deed?
- What procedural steps must be followed for filing and verification of a compromise deed to affect the criminal case?
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 323, 325, 504, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- inherent powers
- trial court jurisdiction
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52175 of 2025
Amar Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pushpendra Singh
Counsel for Opposite Party(s) : G.A., Rohit Singh
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Niyaz Ahamad Advocate holding brief of Sri Pushpendra
Singh, learned counsel for the applicant, Sri Neel Kant Upadhyay, learned
A.G.A. for the State and perused the record. None present for the opposite
party no. 2.
2. The present application under Section 528 B.N.S.S. has been filed to
quash the impugned charge sheet dated 09.01.2022 in Case Crime No.
0682 of 2021 and cognizance order dated 07.07.2022 passed by the
Additional Chief Judicial Magistrate, Anoopshahar as well as proceedings
of Case No. 700 of 2022 (State Vs. Amar Singh and others), under
Sections 323, 504, 506, 325 I.P.C., Police Station Dibai, District
Bulandshahr.
3. Learned counsel for the applicant submits that the applicant 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.
NA528 No. 52175 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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