Neutral Citation No. - 2025:AHC:89247 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 15015 of 2025 Applicant :- Harendra Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Learned A.G.A. for the State has filed compliance affidavit in the Court today, which is taken on record. Heard Mr. Diwan Saifullah Khan, learned counsel for the applicants as well as Mr. Rizwan Ahmad, learned A.G.A. for the State and perused the record. This application 528 BNSS has been filed with the prayer to quash the entire proceeding of S.S.T. No.138 of 2017 (State vs. Harendra and Others), arising out of Case Crime No.256 of 2016, under Sections 323, 325, 504, 506 I.P.C. and Section 3(1)R SC/ST Act, Police Station- Kagaraul, District- Agra, pending in the court of Special Judge (SC/ST Act), Agra, on the basis of compromise. Learned counsel for the applicants submits that earlier an Application U/S 482 No.-11518 of 2017 was filed by the applicants, which was dismissed for want of prosecution by order dated 06.03.2020. He further submits that during this period, the parties have amicably settled their dispute out of court and have entered into compromise, therefore, the matter may be sent before the court concerned for verification of the aforesaid compromise. Compromise affidavit on behalf of both the parties has been annexed as Annexure No.3 of this application. He further submits that no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also an abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. Notices were issued to the opposite party no.2 on 07.05.2025 and despite service of notice, no one has put an appearance on behalf of opposite party no.2. This Court finds that earlier an application was dismissed for non-prosecution, after which instead of moving an application in the earlier application filed under Section 482 Cr.P.C., the present application has been filed on the ground of compromise between the parties. The compromise deed has not been placed before the court concerned, therefore, at this stage, no orders can be passed by this Court sending the matter for verification of the compromise before the court concerned as it is a way to get protection from this Court. The Court sitting in this jurisdiction has repeatedly found that instead of filing affidavit in pending applications, fresh applications are being filed in order to get favourable orders. This practice is deprecated. In view of the aforesaid, as the compromise deed has not been placed before the court concerned, the parties are directed to file the compromise deed along with certified copy of this order as well as an application for verification of the same before the court concerned. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The fact regarding the amount towards compensation as received and stated to be returned, shall also be verified through the concerned District Magistrate. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. With the aforesaid directions, this application is finally disposed of. It is made clear that no protection has been granted in favour of the applicants. Order Date :- 26.5.2025/Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad