Vikky @ Vaibhav Sharma and 2 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Vikky @ Vaibhav Sharma 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 without quashing: parties directed to appear before the trial court and file the compromise deed within 30 days for verification; trial proceedings kept in abeyance for two months subject to such filing and verification, failing which trial to continue; after verification, parties at liberty to file a joint application invoking the inherent powers of the High Court for quashing.

Issue for consideration

Whether the entire criminal proceeding, together with the charge sheet dated 18.05.2024, cognizance/summoning order dated 4.12.2024 and N.B.W. order dated 26.9.2025 in Case Crime No. 284 of 2024, should be quashed on the basis of the compromise said to have been arrived at between the applicant and opposite party no. 2. +1 more

Court's answer

Parties who file the compromise deed and get it verified may then file a joint application invoking the inherent power of this Court to quash the criminal proceeding.

Ratio / Principle

Whether the parties have entered into a compromise can best be adjudicated by the trial court; the parties were permitted to appear before the trial court and file the compromise deed within 30 days, to be verified by the trial court and placed on its record.

Key takeaways

No compromise shall be entertained by the trial court unless the informant/victim 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.ratio¶15
For a period of two months the trial court proceedings shall be kept in abeyance if the compromise is filed and verified within the stipulated period; otherwise the trial court shall continue with the trial in accordance with law.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Chawan Prakash, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire proceeding, charge sheet dated 18.05.2024, cognizance/summoning order dated 4.12.2024 and N.B.W. order dated 26.9.2025 passed by the Chief Judicial Magistrate, Bijnor in Case No. 44289 of 2024 (State Vs. Vikky @ Vaibhav and others), arising out of Case Crime No. 284 of 2024 under Sections 341, 323, 504, 506 IPC, P.S. Kotwali City, District Bijnor, on the ground of an out-of-court compromise. Held: whether the parties have entered into a compromise can best be adjudicated by the trial court; the parties were permitted to appear before the trial court and file the compromise deed within 30 days, to be verified and placed on record; no compromise is to be entertained unless the informant/victim and accused are signatories and appear at verification; trial proceedings stand in abeyance for two months if the compromise is filed and verified within the stipulated period, failing which the trial continues; upon verification, the parties may file a joint application invoking the inherent powers of the High Court for quashing.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 2117 of 2026

Vikky @ Vaibhav Sharma And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Pramod Kumar Pandey
Counsel for Opposite Party(s) :	G.A.

Court No. - 79

HON'BLE CHAWAN PRAKASH, J.

Heard Sri Pramod Kumar Pandey, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed for quashing the entire proceeding as well as the charge sheet dated 18.05.2024 and cognizance/summoning order dated 4.12.2024 along with N.B.W. order dated 26.9.2025 passed by Chief Judicial Magistrate, Bijnor in Case No.44289 of 2024 (State Vs. Vikky @ Vaibhav and others) arising out of Case Crime No.284 of 2024 under Sections 341, 323, 504, 506 I.P.C., Police Station Kotwali City, District Bijnor.

Learned counsel for the applicant submits that the applicant 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 applicant shall file compromise deed before the learned trial court for verification.

Learned A.G.A. for the State does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that he has no objection, if the parties approach trial court to file compromise deed in the given circumstances.

Whether the parties have entered into compromise, can best be

NA528 No. 2117 of 2026

2

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.

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.

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.

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.

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

(Chawan Prakash,J.)

April 20, 2026 Md Faisal

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