Allahabad High Court

SURESH AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided: 13 May 2026
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 the compromise deed before the trial court before seeking quashment of 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 criminal proceedings (Criminal Case No. 42076 of 2025) on the ground that they had reached a compromise with the opposite party. The State and the opposite party did not contest the existence of the compromise and were willing to file the compromise deed before the trial court. The court held that the trial court is the proper forum to determine and verify any compromise, requiring the parties to file the deed within 30 days and placing it in the court record. If verified, the trial court may stay proceedings for two months, after which the parties may jointly invoke the court's inherent jurisdiction to quash the case. Accordingly, the application under Section 528 B.N.S.S. was disposed, directing the parties to follow the prescribed procedure.

Issues considered

Can an application under Section 528 B.N.S.S. be entertained to quash criminal proceedings on the basis of a compromise between parties?
Is the trial court the appropriate forum to determine the existence and verification of a compromise?
What procedural requirements must be fulfilled for a compromise to lead to the quashment of criminal proceedings?

Legislation cited

B.N.S.S. — s. 110, 115(2), 117(2), 131, 351(2), 528

Subjects

Section 528
compromise deed
quash criminal proceeding
inherent jurisdiction
trial court verification
abeyance of proceedings

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52433 of 2025

Suresh And 3 Others
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Krishna Kant Yadav
Counsel for Opposite Party(s) : G.A., Ram Shiromani Yadav

Court No. - 79
HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Krishna Kant Yadav, learned counsel for the applicants, Sri
M.K. Dhuriya, Advocate holding brief of Sri Ram Shiromani Yadav,
learned counsel for opposite party No.2, learned A.G.A. for the State and
perused the record.

2. The applicants have invoked the inherent jurisdiction of this Court
under Section 528 BNSS to quash the charge sheet dated 05.06.2025
along with cognizance order dated 09.07.2025 as well as entire criminal
proceeding of Crl. Case No.42076 of 2025 (State Vs. Suresh and others),
arising out of Case Crime No.198 of 2025, under Sections 115(2), 131,
351(2), 117(2), 110 B.N.S., P.S. Munda Pandey, District Moradabad,
pending in the court of Additional Civil Judge(J.D.), Court No. 6,
Moradabad on the basis of compromise.

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
NA528 No. 52433 of 2025
2

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.

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
Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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