Allahabad High Court
NA528/41618/2026 of AMIT SRIVASTAVA @ HARISH SRIVASTAVA AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER on 28 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41618 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 of the B.N.S.S. has been filed by the
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41618 of 2026
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
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1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application under Section 528 of the B.N.S.S. has been filed by the applicants with a prayer to quash the charge sheet No.302/2022 dated 28.08.2022, cognizance order dated 14.02.2023 and the entire proceeding of Case No.2591/2023 (State Versus Amit Srivastava @ Harish Srivastava and others), arising out of Case Crime No.451 of 2021, under Sections 498A, 323, 504, 506, 354 I.P.C. and 3/4 of D.P. Act, Police Station Shahganj, District Agra on the basis of compromise.
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 applicant 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. He submits that he has no objection, if the parties approach trial court to file compromise deed in the given circumstances. Versus Counsel for Applicant(s) : Mahendra Tripathi Counsel for Opposite Party(s) : G.A. Amit Srivastava @ Harish Srivastava And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 of the B.N.S.S. is accordingly disposed of. September 29, 2026 Md Faisal NA528 No. 41618 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad