Allahabad High Court
SHAHBAZ AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court disposed of the application and directed verification of the compromise by the trial court, without quashing the criminal proceedings.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the charge‑sheet and cognizance order in a criminal case (Case No. 17316 of 2024) involving offences under Sections 498‑A, 323, 504, 506 IPC and provisions of the Dowry Prohibition Act and the Muslim Marriage Act. They claimed that the dispute had been amicably settled by a compromise dated 31‑01‑2026 and argued that continuing the proceedings would be an abuse of process. The State opposed, contending that only the trial court can verify the existence and terms of a compromise and that the applicants should approach that court. The High Court, without expressing any view 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 such verification. The application was therefore disposed without quashing the proceedings, leaving the matter to be decided by the trial court.
Issues considered
- Whether an application under Section 528 BNSS seeking quash of criminal proceedings can be entertained when the parties claim to have reached a compromise.
- Whether the High Court can directly quash the charge‑sheet and cognizance order or must refer the matter to the trial court for verification of the compromise.
Legislation cited
- BNSS — s. 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
- Muslim Marriage Act — s. 3, 4
Subjects
- compromise deed
- quash of charge sheet
- Section 528 BNSS
- criminal procedure
- Section 498-A
- dowry prohibition
- Muslim Marriage Act
- verification of compromise
- abuse of process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9662 of 2026
Shahbaz And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Durgesh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Durgesh Kumar Pandey, learned counsel for the applicants,
learned A.G.A. for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash the charge-sheet dated 03.06.2024
as well as cognizance order dated 26.09.2024 and. entire proceedings of
Case No. 17316 of 2024 (State vs. Shahbaz and others) under Section 498-
A, 323, 504, 506 I.P.C. and 3/4 D.P.Act and 3/4 Musilim Marriage Act
Police Station-Kithore, District-Meerut arising out of Case Crime No. 48 of
2024 under Section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P.Act and 3/4
Musilim Marriage Act Police Station-Kithore, District-Meerut pending in
the court of Judicial Magistrate Court No. 3, Meerut, District Meerut.
3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide compromise dated 31.01.2026, which has been
placed as "Annexure No.-4" to the application. It has further been submitted
that the opposite party No. 2 along with her husband is living at her
matrimonial home. 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
NA528 No. 9662 of 2026
2
accordance with law.
5. In view of above, without expressing any opinion on the merits of the
case, the applicants and opposite party No. 2 are directed to appear 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.
(Nand Prabha Shukla,J.)
March 25, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
Checking your session…