Shivdutt Puri And 3 Others vs State Of U.P. And Another
- Neutral2026:AHC:105401
Ratio decidendi
The rule this decision rests on
Where an application is filed under Section 528 BNSS seeking permission to approach the Trial Court to file a compromise in a criminal matter, the High Court may permit the parties to do so, subject to the following conditions: (1) no compromise shall be entertained by the Trial Court unless the informant/victim and accused are both signatories to it and appear before the Court for its verification, though the Trial Court may pass appropriate orders in cases of exigency upon applying its mind; (2) upon filing and verification of the compromise within the stipulated period, the Trial Court shall keep proceedings in abeyance for a period of two months, and if no compromise is verified within that period, the trial shall continue; and (3) parties who file and get the compromise verified shall thereafter file a joint application invoking the inherent power of the High Court to quash the criminal proceeding.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Mr. Rahul Mishra, learned Counsel has appeared in Court and filed his vakalatnama on behalf of opposite party no.2. It is taken on record.
2. Heard Mr. Venu Gopal, learned Counsel for the applicants, Mr. Rahul Mishra, learned Counsel for opposite party no.2 and learned A.G.A.for the State.
3. 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 stay further proceedings in Case No. 978 of 2011 arising out of Crime No. 92 of 2011 State vs Shivdutt Puri and others u/s 467, 468, 471 IPC of P.S- Pilkhuwa, Sub District- Hapur Nagar, District Ghaziabad (Now District- Hapur), pending in the court of C.J.M, Hapur, during the pendency of the present Cri. Misc. Application u/s 528 B.N.S.S before this Hon'ble Court otherwise the applicants would suffer irreparable loss."
4. 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 no.2 does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed in pursuance to compromise.
5. Learned A.G.A. for the State submits no objection if the parties approach Trial Court to file compromise in the given circumstances.
6. 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.
7. 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.
8. 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.
9. 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.
10. In view of above, the application under Section 528 B.N.S.S. is, accordingly, disposed of.
(Chawan Prakash,J.)
May 7, 2026
Vijay
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