Tilak Singh Alias Tilak Yadav vs State Of U.P. And Another
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Allahabad High Court

Tilak Singh Alias Tilak Yadav vs State Of U.P. And Another on 15 May, 2025

Author: Manju Rani Chauhan

Bench: Manju Rani Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:82903
 
Court No. - 52
 

 
Case :- APPLICATION U/S 528 BNSS No. - 11326 of 2025
 

 
Applicant :- Tilak Singh Alias Tilak Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravi Pandey
 
Counsel for Opposite Party :- Gaurav Singh,G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.
 

1. Heard Mr. Ravi Pandey, learned counsel for the applicants, Gaurav Singh, learned counsel for the opposite party no.2, Mr. Deepak Kapoor, learned counsel for the State and perused the records.

2. The present application has been filed for quashing the the entire criminal proceeding of Sessions Trial No. 180 of 2025 (State Vs. Jitendra Singh and others) including the charge sheet dated 10.08.2024 arising out of Case Crime No. 1259 of 2023 under Sections 147, 148, 149, 323, 504, 506, 354, 307, 336 IPC read with Section 3(2)V of SC/ST Act, P.S. Kwarsi, District Aligarh and also quash the cognizance and summoning order dated 23.01.2025 passed by Special Judge (SC/ST Act), Aligarh in S.T. No. 180 of 2025 (State Vs. Jitendra and others) on the basis of compromise.

3. Earlier, the applicants approached before this Court by means of filing an application U/s 528 BNSS bearing No.5138 of 2025, wherein on 27.02.2025, the Co-ordinate Bench of this Court passed the following order:-

"1. Vakalatnama as well as short counter affidavit on behalf of opposite party No. 2 has been filed today by Sri Gaurav Singh is taken on record.

2. Heard Sri Ravi Pandey, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State and Sri Gaurav Singh for the opposite party No. 2.

3. A joint statement has been made by learned counsel for the parties that they do not propose to file any affidavit and the application be decided on the basis of the documents available on record. With the consent of the parties, the application be decided at the fresh stage.

4. This is an application under Section 528 of the BNSS filed for quashing the entire criminal proceeding of Sessions Trial No. 180 of 2025 (State Vs. Jitendra Singh and others) including the charge sheet dated 10.08.2024 arising out of Case Crime No. 1259 of 2023 under Sections 147, 148, 149, 323, 504, 506, 354, 307, 336 IPC read with Section 3(2)V of SC/ST Act, P.S. Kwarsi, District Aligarh and also quash the cognizance and summoning order dated 23.01.2025 passed by Special Judge (SC/ST Act), Aligarh in S.T. No. 180 of 2025 (State Vs. Jitendra and others).

5.Learned counsel for the applicant submits that though a first information report stood lodged under Sections 147, 148, 149, 323, 504, 506, 354, 307, 336 IPC by the opposite party No. 2 against two accused and one unnamed accused persons, however, parties entered into compromise on 30.01.2025 and the same has been filed before the Court of Additional Sessions Judge, SC/ST, Aligarh, a copy whereof is on record as Annexure-10 at page 81 of the paper book reference whereof has been made in para 17 of the application. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded.

6. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same.

7. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 10.03.2025 along with the self attested copy of the present application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 23.05.2025.

8. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Special Sessions Trial No. 180 of 20205(State Vs. Jitendra and others), Case Crime No. 1259 of 2023 under Sections 147, 148, 149, 323, 504, 506, 354, 307, 336 IPC read with Section 3(2)V of SC/ST Act, P.S. Kwarsi, District Aligarh pending in the Court of learned Special Judge, SC/ST, Aligarh. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise.

9. The issue of deposit of the compensation by the victim shall also be looked into. "

4. In compliance of the aforesaid order, the compromise between the parties has been verified by order dated 29.03.2025 passed by Special Judge (SC/ST Act)/Additional District and Sessions Judge, Aligarh in the presence of the parties along with their respective counsels. A certified copy of the order dated 29.03.2025 has been annexed at Page 26 of this application.

5. On the basis of instructions, learned AGA submits that no compensation has been given to the victim.

6. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.

7. Learned A.G.A. for the State as well as counsel for the opposite party no.2 do not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants.

8. Before proceeding any further it shall be apt to make a brief reference to the following cases:-

1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,

2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,

3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,

4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,

5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

9. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

10. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.

11. Accordingly, the entire criminal proceeding of Sessions Trial No. 180 of 2025 (State Vs. Jitendra Singh and others) including the charge sheet dated 10.08.2024 arising out of Case Crime No. 1259 of 2023 under Sections 147, 148, 149, 323, 504, 506, 354, 307, 336 IPC read with Section 3(2)V of SC/ST Act, P.S. Kwarsi, District Aligarh and also quash the cognizance and summoning order dated 23.01.2025 passed by Special Judge (SC/ST Act), Aligarh in S.T. No. 180 of 2025 (State Vs. Jitendra and others) is hereby quashed.

12. The present application is, accordingly, allowed. There shall be no order as to costs.

13. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.

14. A copy of this order be sent to the lower court forthwith.

Order Date :- 15.5.2025

Jitendra/-