Allahabad High Court
SANJEEV @ KARU AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that the trial court may verify a compromise deed filed within 30 days and, upon verification, the parties may jointly apply to quash the criminal proceeding.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the criminal proceedings (Charge Sheet No. 01 of 2018) in Session Case No. 954 of 2022, alleging that they had reached an amicable compromise with the State. The State’s learned A.G.A. expressed no objection to the filing of a compromise deed before the trial court. The Court held that the trial court alone can determine the existence of a valid compromise and directed the parties to file and have the deed verified within 30 days, after which the trial court shall keep the case in abeyance for two months. If the deed is verified, the parties may jointly invoke the Court’s inherent powers to quash the criminal proceeding; otherwise the trial will continue. Accordingly, the application under Section 528 was disposed.
Issues considered
- Can a criminal proceeding be quashed on the basis of a compromise between the accused and the State?
- What procedural steps must be followed for the trial court to entertain a compromise and verify it?
- Does the trial court have the authority to place the case in abeyance pending verification of a compromise deed?
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 307, 323, 325, 452, 504, 506
Subjects
- compromise
- criminal proceeding
- quash
- Section 528
- inherent powers
- trial court verification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52381 of 2025
Sanjeev @ Karu And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sharad Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Sharad Kumar, learned counsel for the applicants, Sri
Durgesh Kumar Tripathi, learned Brief Holder for the State and perused
the record.
2. The present application under Section 528 B.N.S.S. has been filed to
quash the entire proceeding of Charge Sheet No. 01 of 2018 dated
15.02.2018 in Session Case No. 954 of 2022 (State of U.P. Vs. Sanjeev @
Karu and another), arising out of Case Crime No. 663 of 2017, under
Sections 452, 307, 323, 325, 504, 506 I.P.C., Police Station Shikohabad,
District Firozabad, pending int he court of Additional Session Judge,
Court No. 10, Firozabad.
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
NA528 No. 52381 of 2025
2
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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