Allahabad High Court
ANURAG DUBE AND 3 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court held that the trial court must verify the compromise before any order of quash can be entertained.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge sheet and proceedings in a criminal case involving offences under Sections 498-A, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They claimed that a compromise had been reached with the first informant, Supriya Mishra, and argued that continuing the trial would be an abuse of process. The State opposed, stating that the trial court must first verify the existence and terms of any compromise before any quash order can be entertained. The High Court, without deciding on the merits, directed the parties to appear before the trial court with the compromise deed for verification and ordered that no coercive action be taken pending that verification. The Court further allowed the applicants to approach it again after verification for a possible quash, and disposed of the application.
Issues considered
- Can a compromise between the accused and the complainant be a basis to quash criminal proceedings under Section 528 of the BNSS?
- Is the trial court required to verify the compromise before any order of quash can be granted?
- Whether the High Court can direct parties to appear for verification of compromise and stay coercive actions pending such verification.
Legislation cited
- B.N.S.S. — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498-A, 506
Subjects
- compromise
- quash of criminal proceedings
- Section 528
- Indian Penal Code
- Dowry Prohibition Act
- verification of compromise
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9527 of 2026
Anurag Dube And 3 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brahma Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Brahma Kumar Tiwari, learned counsel for the applicants,
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 impugned charge sheet dated 07.11.2020, cognizance
order/summoning order dated 28.01.2021 passed by learned Additional
Chief Judicial Magistrate Second Court No. 10, Basti as well as entire
proceeding of Case No. 21 of 2021 (State vs Anurag Dube and others),
arising out of Case Crime No. 35 of 2020, under Sections 498-A, 506, IPC
and 3/4 D.P. Act, Police Station-Kalwari, District-Basti, pending before the
learned Additional Chief Judicial Magistrate, Court No. 21, Allahabad.
3. Learned counsel for the applicants submits that the applicant Nos. 1, 2 and
3 have settled their dispute through compromise dated 20.02.2026 with
applicant No. 4 Smt. Supriya Mishra (first informant), placed as Annexure
No. '5' to the present application. Therefore, no useful purpose would be
served in continuing the proceedings before the Court concerned and the
same is not only sheer wastage of time of the Court but also abuse of process
of law.
4. Learned A.G.A., however, submits that it is the Trial Court, which has to
verify the fact as to whether the parties have entered into compromise, hence
the applicants may approach the concerned Court and move an application
with respect to compromise between the parties, which will be decided in
accordance with law.
NA528 No. 9527 of 2026
2
5. In view of above, without expressing any opinion on the merits of the
case, applicant Nos. 1, 2 and 3 along with applicant No. 4 Smt. Supriya
Mishra (first informant) are directed to appear in person before the Trial
Court along with compromise deed as well certified copy of this order within
three weeks from today. It is expected that Court concerned may fix a date
for the verification of the compromise and after ensuring the presence of the
parties, pass an appropriate order with respect to the same in accordance
with law, as expeditiously as possible, after giving opportunity of hearing to
both the parties, preferably within a period of three months from the date of
production of a certified copy of this order, if there is no other legal
impediment. While passing the order verifying the compromise, the Court
concerned shall also record the statements of the parties as to whether all the
terms and conditions mentioned in the original compromise deed, so filed,
have been fulfilled or not.
6. The Court in that scenario will allow the parties to obtain certified copy of
the report as well as compromise and it will be open to the applicants to
approach this Court again for quashing of the proceedings.
7. Till verification of compromise between the parties by the Court
concerned, no coercive action shall be taken against the applicants in the
aforesaid case.
8. With the aforesaid directions, this application is disposed of.
March 25, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…