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

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

What the court decided

AI extract

Outcome

No quashing at this stage. Parties directed to appear before the trial court and file the compromise deed within 30 days for verification; trial proceedings to remain in abeyance for two months if the compromise is filed and verified within that period, failing which the trial shall continue in accordance with law; parties to thereafter file a joint application invoking the inherent powers of the Court for quashing the proceedings.

Issue for consideration

Whether the entire proceeding of S.T. No. 280 of 2024 & 08/2025 arising out of Case Crime No. 75 of 2023 should be quashed in view of the compromise said to have been entered into between the applicants and opposite party no. 2.

Court's answer

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

Ratio / Principle

The trial court shall not entertain a compromise 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 an appropriate order.

Key takeaways

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
The parties who file the compromise deed and get it verified shall thereafter file a joint application invoking the inherent power of this Court to quash the criminal proceeding.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Chawan Prakash, J.) — Application under S. 528 BNSS (No. 48204 of 2025) for quashing the entire proceeding of S.T. No. 280 of 2024 & 08/2025 (State Vs. Sanjay and others), arising out of Case Crime No. 75 of 2023, under Sections 323, 504, 506, 307 IPC, Police Station Basrehar, District Etawah, on the ground of a compromise between the applicants and opposite party no. 2 — HELD, disposing of the application: (i) whether the parties have entered into a compromise can best be adjudicated by the trial court; the parties to appear before the trial court and file the compromise deed within 30 days, to be verified and the original placed on record; (ii) no compromise to be entertained unless the informant/victim and accused are signatories and appear before the court at its verification; in case of exigency the trial court to apply its mind and pass appropriate order; (iii) trial proceedings to remain in abeyance for two months if the compromise is filed and verified within the stipulated period, failing which the trial to continue in accordance with law; (iv) the parties who file and verify the compromise deed to thereafter file a joint application invoking the inherent power of the Court for quashing. Criminal proceedings not quashed at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 48204 of 2025

Sanjay And 3 Others

.....Applicant(s)

Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Applicant(s) : Pankaj Kumar Mishra
Counsel for Opposite Party(s) : Saurabh Mishra, G.A.

Court No. - 79

HON'BLE CHAWAN PRAKASH, J.

Heard Sri Pankaj Kumar Mishra, learned counsel for the applicants, Sri Saurabh Mishra, learned counsel for opposite party No.2, 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 of S.T. No.280 of 2024 & 08/2025 (State Vs. Sanjay and others) arising out of Case Crime No.75 of 2023, under Sections 323, 504, 506, 307 I.P.C., Police Station Basrehar, District Etawah.

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

Learned A.G.A. for the State as well as learned counsel for opposite party No.2 do not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. They submit that opposite party no. 2 have no objection, if the parties approach trial court to file compromise deed in the given circumstances.

NA528 No. 48204 of 2025

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 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.)

May 5, 2026 Md Faisal

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