Neutral Citation No. - 2025:AHC:28057 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5138 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 :- G.A. Hon'ble Vikas Budhwar,J. 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. Order Date :- 27.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad