Allahabad High Court
LAKHAN AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that the application under Section 528 B.N.S.S. is disposed, directing the parties to file and verify a compromise deed before the trial court before a joint application to quash the criminal proceeding can be entertained.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a charge sheet and criminal proceedings (Case No. 42942 of 2025) on the ground that they had reached a compromise with the opposite party. The court noted that the trial court is the proper forum to determine the existence and validity of any compromise and to verify the compromise deed. It directed the parties to file the deed before the trial court within 30 days, after which the trial court may place the deed in its record and, if verified, keep the trial proceedings in abeyance for two months. If the deed is not filed or verified, the trial court must continue the trial. After filing and verification, the parties may jointly invoke the court's inherent powers to quash the criminal proceeding. Accordingly, the application under Section 528 was disposed of.
Issues considered
- Can a compromise between parties be the basis for quashing criminal proceedings under Section 528 of the B.N.S.S.?
- Whether the trial court has jurisdiction to verify a compromise deed and stay the trial proceedings?
- What is the appropriate procedure for parties seeking to have a criminal case quashed on the ground of compromise?
Legislation cited
- B.N.S.S. — s. 115(2), 131, 351(2), 528
Subjects
- compromise
- criminal proceeding
- quash
- Section 528
- inherent powers
- trial court verification
- abeyance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52359 of 2025
Lakhan And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Shiromani Yadav
Counsel for Opposite Party(s) : G.A., Krishna Kant Yadav
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Ram Shiromani Yadav, learned counsel for the applicants,
Sri Durgesh Kumar Tripathi, learned Brief Holder for the State, Sri Manoj
Kumar Dhuriya, holding brief of Sri K.K Yadav, learned counsel for the
opposite party nos. 2 to 4 and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed to
quash the charge sheet dated 05.06.2025 alongwith cognizance order
dated 25.08.2025 passed by the learned Additional Judicial Magistrate,
Moradabad as well as entire criminal proceeding of Case No. 42942 of
2025 (State Vs. Lakhan and others), arising out of Case Crime No. 197 of
2025, under Sections 115(2), 131, 351(2) B.N.S., Police Station Munda
Pandey, District Moradbad, pending in the court of learned Additional
Civil Judge (J.D.), Court No. 6, Moradabad in terms of compromise
between the parties.
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 counsel for the opposite party no. 2 and learned A.G.A. for the
State submit that they have no objection if the parties approach trial court
NA528 No. 52359 of 2025
2
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
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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