Allahabad High Court
NA528/43552/2026 of SAURABH AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER on 6 October 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43552 of 2026 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Mukesh Yadav, learned Counsel holding brief of Mr. Vaibhava Tripathi, learned Counsel for the applicant and learned A.G.A.for the State. 2. The present application has been
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 43552 of 2026
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
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1. Heard Mr. Mukesh Yadav, learned Counsel holding brief of Mr. Vaibhava Tripathi, learned Counsel for the applicant and learned A.G.A.for the State.
2. 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 allow the present application and quash the entire criminal proceeding in Case No. 16920 of 2026 (State Vs. Saurabh and others) arising out of Case Crime No. 310 of 2025 under section 85, 115(2), 351 (2) BNS and 3/4 D.P. Act, Police Station- Mahila Thana, District Muzaffarnagar as well as Charge sheet No. 24 of 2026 dated 24.1.2026 and Cognizance/ summoning order dated 24.6.2026, pending in the court of FTC-1, civil Judge (Jr. Divi.) Muzaffarnagar, on the basis of compromise /settlement between the parties outside of the court.."
3. 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.
4. Learned A.G.A. for the State submits no objection if the parties approach Trial Court to file compromise 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 concerned and file the compromise entered into between the Versus Counsel for Applicant(s) : Vaibhava Tripathi Counsel for Opposite Party(s) : G.A. Saurabh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
parties within 30 days, which shall be verified by the Trial Court.
6. Let the original compromise deed annexed with this application be returned to the learned Counsel for the applicants upon retaining a photostat copy of the same duly attested by the learned Counsel.
7. No compromise shall be entertained by the Trial Court if the informant/victim/injured 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.
October 7, 2026 Vijay NA528 No. 43552 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad