Titu and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Titu and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application not finally decided: parties referred to the court below within three weeks for verification of compromise (report due by next date); matter listed for 06.10.2025; opposite party no.2 to appear through counsel; interim direction that no coercive action be taken against the applicants till the next date of listing.

Issue for consideration

Whether the entire proceedings in Criminal Case No.6931 of 2024 (State vs. Titu and Others), arising out of Case Crime No.88 of 2024 under Sections 307, 504, 120-B I.P.C., may be quashed on the strength of the parties' out-of-court compromise, as urged in the application under Section 528 B.N.S.S. +1 more

Court's answer

As interim protection pending the next date of listing, no coercive action shall be taken against the present applicants in the said case; the quashing prayer itself was not decided at this stage.

Ratio / Principle

Both parties are directed to appear before the court below within three weeks to get their compromise verified.

Key takeaways

The court below shall verify the compromise in the presence of both parties after recording their statements and submit its verification report on or before the next date fixed.ratio¶¶7
The matter is to be listed on 06.10.2025 along with the compromise verification report submitted by the court concerned, if any.ratio¶¶8
On the next date fixed, opposite party no.2 is to appear through counsel to put forward his version, if any.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Dinesh Pathak, J.; order dated 28.7.2025, Court No. 73). Application U/S 528 BNSS No. 23255 of 2025 by Titu and 2 others invoking the inherent jurisdiction of the Court under Section 528 B.N.S.S. to quash the entire proceedings in Criminal Case No.6931 of 2024 (State vs. Titu and Others), arising out of Case Crime No.88 of 2024 under Sections 307, 504, 120-B I.P.C., Police Station Dadri, District Gautam Budh Nagar, pending before the Chief Judicial Magistrate-II, Gautam Budh Nagar, on the ground that the parties have settled their dispute amicably out of Court. The learned A.G.A. had no objection to referral for verification of compromise; none appeared for respondent no.2. The Court directed both parties to appear before the court below within three weeks for verification of the compromise in their presence after recording their statements, the verification report to be submitted on or before the next date; the matter was listed for 06.10.2025 with the report, if any; opposite party no.2 was directed to appear through counsel on the next date; and, till the next date of listing, no coercive action shall be taken against the applicants. Proceedings were not quashed at this stage; the final view stands deferred pending the verification report.

Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 23255 of 2025 Applicant :- Titu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Pathak,J.

Heard learned counsel for the applicants as well as learned A.G.A. for the State-respondent. None is present on behalf of respondent no.2.

The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. to quash the entire proceedings in Criminal Case No.6931 of 2024 (State vs. Titu and Others) arising out Case Crime No.88 of 2024 under Sections 307, 504, 120-B I.P.C., Police Station Dadri, District Gautam Budh Nagar pending before the Chief Judicial Magistrate-II, Gautam Budh Nagar.

It is submitted that during pendency of the criminal proceedings, both the parties have arrived at a compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

In this conspectus, as above, both the parties are hereby directed to appear before the court below within three weeks from today to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

List this matter on 06.10.2025 along with compromise verification report submitted by the court concerned, if any.

On the next date fixed, opposite party no.2 shall appear through counsel to put his version, if any.

Till the next date of listing, no coercive action shall be taken against the present applicants in the aforementioned case.

Order Date :- 28.7.2025 VS/VR

Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad