Haji Bhura Husain and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Haji Bhura Husain and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of with directions: parties to appear before the Trial Court and file the compromise within 30 days for verification; no compromise to be entertained without the informant/victim/injured and accused as signatories appearing for verification; Trial Court proceedings in abeyance for two months if the compromise is filed and verified within the stipulated period, failing which the trial continues; upon verification, parties to file a joint application under the inherent powers of the Court for quashing.

Issue for consideration

Whether the criminal proceedings arising out of Case Crime No. 16 of 2013 (Sections 307, 323, 504, 506 IPC, P.S. Civil Lines, Moradabad), including the cognizance/summoning order dated 07.02.2013, can be quashed on the basis of the compromise dated 20.03.2024 arrived at between the parties.

Court's answer

Whether the parties have entered into a compromise can best be adjudicated by the Trial Court; the parties were directed to appear before the Trial Court concerned and file the compromise entered into between them within 30 days, which shall be verified by the Trial Court.

Ratio / Principle

No compromise shall be entertained by the Trial Court unless the informant/victim/injured and the accused are signatories to it and appear before the Court at its verification; in case of exigency, the Trial Court shall apply its mind and pass appropriate order.

Key takeaways

For a period of two months the Trial Court proceedings shall remain in abeyance if the compromise is filed and verified within the stipulated period; otherwise the Trial Court shall continue with the trial.ratio¶16
After filing and verification of the compromise, the parties shall file a joint application invoking the inherent power of this Court for quashing the criminal proceeding.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Chawan Prakash, J.) disposed of an application under Section 528 BNSS seeking quashing of the cognizance/summoning order dated 07.02.2013 passed by the Chief Judicial Magistrate, Moradabad, and the entire proceedings of Case No. 1447 of 2013 (New No. 212 of 2014), arising out of Case Crime No. 16 of 2013 under Sections 307, 323, 504, 506 IPC, P.S. Civil Lines, District Moradabad, pending before the Additional District & Sessions Judge, Court No.3, District Amroha, on the basis of a compromise dated 20.03.2024 between the parties. Held: whether the parties have in fact compromised is best adjudicated by the Trial Court; the parties were directed to appear before the Trial Court and file the compromise within 30 days for its verification; no compromise is to be entertained unless the informant/victim/injured and the accused are signatories and appear at verification; the Trial Court proceedings stand kept in abeyance for two months if the compromise is filed and verified within the stipulated period, failing which the trial shall continue; after verification, the parties are to move a joint application invoking the inherent powers of the Court for quashing the criminal proceeding.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 1683 of 2026

Haji Bhura Husain And 2 Others

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Zainul Abdin
Counsel for Opposite Party(s)	: Vikash Kumar Maurya, G.A.

Court No. - 79

HON'BLE CHAWAN PRAKASH, J.

Heard Mr. Zainul Abdin, learned Counsel for the applicants and learned A.G.A.for the State. No one is present on behalf of the opposite party no.2

The present application has been filed under Section 528 BNSS by the applicants with the following prayer:

" It is, therefore, MOST RESPECTFULLY prayed that this Hon'ble Court may graciously be pleased to quash cognizance/ summoning order dated 07.02.2013 passed by the Chief Judicial Magistrate, Moradabad on Charge-sheet dated 27.01.2013 bearing Charge-sheet No. 18 of 2013 registered as Case No. 1447 of 2013 (New No. 212 of 2014) State Vs. Bhura Husain and others) arising out of Case Crime No. 16 of 2013, Under Sections 307, 323, 504, 506 of I.P.C., Police Station Civil Lines, District Moradabad pending in the Court of Additional District & Sessions Judge, Court No.3, District Amroha including the entire proceedings of the said case in terms of the compromise dated 20.03.2024."

Learned Counsel for applicants submits that the applicants are innocent and have been falsely implicated in this case. Learned counsel for the applicants further submits that parties have amicably resolved their personal dispute, therefore, opposite party no.2 does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed in pursuance to compromise.

Learned A.G.A. for the State submits no objection if the parties approach Trial Court to file compromise in the given circumstances.

NA528 No. 1683 of 2026

2

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 concerned and file the compromise entered into between the parties within 30 days, which shall be verified by the Trial Court.

No compromise shall be entertained by the Trial Court if the informant/victim/injured 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.

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.

All the parties, who files compromise and get it verified, shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding.

In view of above, the application under Section 528 B.N.S.S. is, accordingly, disposed of.

(Chawan Prakash,J.)

May 12, 2026

Vijay

Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad