Neutral Citation No. - 2025:AHC:29980 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6963 of 2025 Applicant :- Rajesh Yadav And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maneesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed today by Sri Arvind Singh, on behalf of O.P. No.2 is taken on record. 2. Heard Sri Manish Kumar, learned counsel for the applicants, Sri Jyoti Singh, learned A.G.A. and Sri Arvind Singh, learned counsel for O.P. No. 2. 3. This is an application under Section 482 CrPC preferred by the applicants for quashing proceeding of Sessions Trial No. 64/2013 (State versus Rajesh Yadav and Others) under sections: 323, 504, 506, 147 of Indian Penal Code and Section 3 (1)(da) of SC/ST Act, Police Station, Jangipur, District Ghazipur pending in the Court of Special Judge, SC/ST (P.A.) Act, Ghazipur on the basis of compromise dated 11.9.2024 filed by the parties vide application 106 Ba to the aforesaid case and also to quash the order dated 24.10.2024 passed by learned Special Judge, SC/ST (P.A.) Act, Ghazipur in Sessions Trial No. 64/2013 (State versus Rajesh Yadav and Others) under sections 323, 504, 506, 147 of Indian Penal Code and Section 3 (1)(da) of SC/ST Act 4. Learned counsel for the applicants submits that though an FIR being Case Crime No.89 of 2012 under Sections 147, 323, 504, 506, 452 IPC read with Section 3(1)(X) of the SC/ST Act stood lodged on 17.03.2011, however, the parties have also entered into compromise, however, a charge sheet came to be submitted under Sections 147, 323/149, 504, 506 IPC read with Sections 3(1)(X) of SC/ST (Prevention of Atrocities) Act, however, the compromise application stood filed before the Court of Special Judge, SC/ST Act (Prevention of Atrocities) Act, Ghazipur, then the same stood rejected on 24.10.2024 on the ground that the same cannot be compounded under Section 320 of CrPC. Learned counsel for the applicant submits that once the parties have entered into compromise, and now there remains nothing to be further proceeded with, then the rejection order is bad. 5. Learned A.G.A. as well as counsel for the O.P. No.2 submit that this Court in exercise of powers under Section 528 of BNSS has the power to quash the proceeding. He seeks to rely upon the decision in the case of State of Madhya Pradesh vs. Laxmi Narayan, AIR 2019 SC 1296. 6. Having heard learned counsel for the parties, I am of the opinion that the compromise needs to be verified. Accordingly the order dated 24.10.2024 of the Special Judge, SC/ST Act (Prevention of Atrocities) Act, Ghazipur in S.T. No.64 of 2013 is set aside. 7. The court below is directed to institute proceedings for compromise. For the said purpose parties shall appear before the court below on 17.03.2025. The court below shall undertake proceeding for verifying the compromise and the same shall be concluded by 23.05.2025. 8. In view of aforesaid, the application stands disposed of. 9. 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 Sessions Trial No. 64/2013 (State versus Rajesh Yadav and Others) under sections: 323, 504, 506, 147 of Indian Penal Code and Section 3 (1)(da) of SC/ST Act, Police Station, Jangipur, District Ghazipur pending in the Court of Special Judge, SC/ST (P.A.) Act, Ghazipur. 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. 10. The issue of deposit of the compensation by the victim shall also be looked into while obtaining report from concerned District Social Welfare Officer. Order Date :- 4.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad