NA528/3834/2026 of TIPU @ AHTESHAM ALI AND 5 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 3834 of 2026 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard Sri Safi Ali, learned counsel for the applicants, Sri Rakeh Kumar, learned counsel for the opposite party No.2, and learned A.G.A. for the State. 3. The present 528 BNSS application has been filed to quash the entire proceeding of  S.T. No.1915 of 2024 (State vs. Tipu and others) arising out of Case Crime No.464 of 2018 under Sections 307, 504 and 506 I.P.C., Police Station Khuldabad, District Prayagraj, pending in the Court of Special Judge POCSO II, Allahabad. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Hon'ble Court by filing this 528 BNSS application with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 30.1.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 21.2.2026 verified the parties as well as compromise application. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the Versus Counsel for Applicant(s) : Saif Ali Counsel for Opposite Party(s) : G.A. Tipu @ Ahtesham Ali And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 5. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688 , wherein Hon'ble 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. and another [2013 (83) ACC 278] , in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 9. Accordingly, the proceedings of S.T. No.1915 of 2024 (State vs. Tipu and others) arising out of Case Crime No.464 of 2018 under Sections 307, 504 and 506 I.P.C., Police Station Khuldabad, District Prayagraj is hereby quashed. 10. This application under Section 528 B.N.S.S. is accordingly allowed. April 22, 2026 Md Faisal NA528 No. 3834 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad