Alok Gautam And Another vs State Of U.P. And Another
- Neutral2026:AHC:105580
Ratio decidendi
The rule this decision rests on
A compromise in a criminal case may be adjudicated and acted upon through the following procedural framework: the trial court has jurisdiction to determine whether the parties have entered into a valid compromise; a compromise deed must be filed and verified within thirty days, with the original placed in the court record; no compromise shall be entertained unless both the informant/victim and the accused are signatories to and appear before the court for its verification, though the trial court may pass appropriate orders in cases of exigency; proceedings shall be stayed for two months upon filing and verification of a compromise within the stipulated period, otherwise the trial shall continue according to law; and after verification of the compromise, the parties may file a joint application invoking the inherent power of the court to quash the criminal proceedings.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Sri Harendra Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed for quashing the the charge sheet dated 16.07.2022 as well as entire proceeding of Crl. Case No.143411 of 2022 (State Vs. Alok Gautam and others) arising out of Case Crime No. 30 of 2022, under Sections 420, 406, 323, 504, 506, 380 I.P.C. Police Station Barra, District Kanpur Nagar on the basis of compromise entered between the parties.
3. 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.
4. 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. They submit that opposite party no. 2 have no objection, if the parties approach trial court to file compromise deed in the given circumstances.
5. 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.
6. 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.
7. 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.
8. 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.
9. In view of above, the application under Section 528 B.N.S.S. is accordingly disposed of.
(Chawan Prakash,J.)
May 7, 2026
Md Faisal
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