Azam and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Azam and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 B.N.S.S. disposed of with directions: parties to appear before the trial court and file the compromise deed within 30 days for verification; no compromise to be entertained unless informant/victim and accused are signatories and appear; trial proceedings in abeyance for two months conditional on filing and verification of the compromise, failing which trial to continue; parties to thereafter file a joint application invoking the inherent powers of this Court for quashing.

Issue for consideration

Whether the Charge Sheet dated 02.07.2025 and the entire proceedings of Case No. 356 of 2025 (arising out of Case Crime No. 0041 of 2025) should be quashed on the ground that the applicants and opposite party no. 2 have entered into a compromise and settled their dispute outside court. +1 more

Court's answer

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 the stipulated period; otherwise the trial court shall continue with the trial in accordance with law.

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 entered into between them.

Key takeaways

The compromise deed is to be filed before the trial court within 30 days, shall be verified by the trial court, and the original compromise deed shall be placed on the trial court's record.ratio¶14
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
After the compromise deed is filed and verified, all the parties shall file a joint application invoking the inherent power of this Court for quashing the criminal proceeding.

Detailed headnote1 paragraphs

Quashing of criminal proceedings sought under Section 528 B.N.S.S. against Charge Sheet dated 02.07.2025 and entire proceedings of Case No. 356 of 2025 (State Vs. Azam and others), arising out of Case Crime No. 0041 of 2025, under Sections 191(2), 333, 115(2), 352, 351(3), 131 B.N.S., Police Station Bara, District Yamunapar Commissionerate, Prayagraj, on the ground of compromise between the applicants and opposite party no. 2. Held: whether the parties have entered into a compromise can best be adjudicated by the trial court; parties to file the compromise deed within 30 days for verification, the original to be placed on record; no compromise to be entertained unless the informant/victim and accused are signatories and appear at verification; trial proceedings in abeyance for two months if the compromise is filed and verified within the stipulated period, failing which trial to continue in accordance with law; parties whose compromise is verified to file a joint application invoking the inherent power of the Court for quashing. Application disposed of. (Chawan Prakash, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 51800 of 2025

Azam And 5 Others

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rakesh Chandra Pathak, Ramanuj Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 79

HON'BLE CHAWAN PRAKASH, J.

Heard Sri Ramanuj Tiwari, learned counsel for the applicants, Sri Neel Kant Upadhyay, 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 Charge Sheet dated 02.07.2025 and entire proceeding of Case No. 356 of 2025 (State Vs. Azam and others), arising out of Case Crime No. 0041 of 2025, under Sections 191(2), 333, 115(2), 352, 351(3), 131 B.N.S., Police Station Bara, District Yamunapar Commissionerate, Prayagraj, pending in the court of learned Judicial Magistrate-IV, Allahabad.

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, does 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 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 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

NA528 No. 51800 of 2025

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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 6, 2026

Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad