Kallu and 6 Others Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Kallu and 6 Others Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: parties to appear before the Trial Court and file the compromise within 30 days for verification; original compromise deed (Annexure No.3) returned to counsel; Trial Court proceedings kept in abeyance for two months if the compromise is filed and verified within the stipulated period, failing which the trial continues; thereafter a joint application to be filed invoking the inherent powers of the Court for quashing.

Issue for consideration

Whether the entire proceedings of Sessions Trial No. 256 of 2022 (State vs. Kallu and 6 others), arising out of Case Crime No. 097 of 2021, can be quashed on the basis of the amicable compromise arrived at between the applicants and opposite party no. 2 and the others concerned.

Court's answer

Whether the parties have entered into a compromise can best be adjudicated by the Trial Court.

Ratio / Principle

The parties were directed to appear before the Trial Court and file the compromise entered into between them within 30 days, to be verified by the Trial Court.

Key takeaways

The original compromise deed annexed as Annexure No.3 was directed to be returned to counsel for the applicants upon retention of an attested photostat copy.ratio¶17
No compromise shall be entertained by the Trial Court unless the informant/victim and the accused are signatories and appear before the Court at its verification.ratio¶18
Trial Court proceedings to remain in abeyance for two months if the compromise is filed and verified within the stipulated period; otherwise the trial shall continue.

Detailed headnote1 paragraphs

Allahabad High Court (Chawan Prakash, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire proceedings of Sessions Trial No. 256 of 2022 (State v. Kallu and 6 others), arising out of Case Crime No. 097 of 2021 under Sections 147, 148, 323, 504, 325, 308 IPC, P.S. Badagawan, District Jhansi, on the basis of an amicable compromise between the applicants and opposite party no. 2 and others. Held: whether the parties have entered into a compromise 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 verification; no compromise is to be entertained unless the informant/victim and accused are signatories and appear at verification; the original compromise deed (Annexure No.3) was returned to counsel; Trial Court 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 Court for quashing. The learned A.G.A. submitted no objection to the parties approaching the Trial Court with the compromise.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 4101 of 2026

Kallu And 6 Others

.....Applicant(s)

Versus

State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Raj Kumar Sharma Counsel for Opposite Party(s) : Akhilesh Kumar Khare, G.A.

Court No. - 79

HON'BLE CHAWAN PRAKASH, J.

Heard Mr. Kaushal Kishore, learned Counsel holding brief of Mr. Raj Kumar Sharma, learned Counsel for the applicants, Mr. Ashish Kumar Khare, learned Counsel holding brief of Mr. Akhilesh Kumar Khare, learned Counsel for opposite party no.2 to 4 and learned A.G.A.for the State.

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 the Entire Proceeding in Sessions Trial No. 256 of 2022 (State Vs. Kallu and 6 others) pending before the Court Of Additional District and Sessions Judge, Court No-1, District-Jhansi, arising out of Case Crime No. 097 of 2021, for the offence Under Section 147,148, 323,504, 325, 308,, I.P.C at P.S. Badagawan, District- Jhansi., on the basis of amicable compromise arrived at by both the applicant and the opposite party no. 2 and the others concerned in this case."

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 nos.2 to 4 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. 4101 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.

Let the original compromise deed annexed with this application as Annexure No.3 be returned to the learned Counsel for the applicants upon retaining a photostat copy of the same duly attested by the learned Counsel.

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.

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.

May 6, 2026 Vijay

(Chawan Prakash,J.)

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