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2025 DAILYLAW 103554 (ALL)

SUKH SINGH ALIAS SUKHAI YADAV AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/34347/2024 · 2025-03-02

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29922 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34347 of 2024 Applicant :- Sukh Singh Alias Sukhai Yadav And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- Yogesh Kumar Tiwari,G.A. Hon'ble Vikas Budhwar,J. 1. A short counter affidavit has been filed by Sri Yogesh Kumar Tiwari, learned counsel for opposite party nos. 2 & 3 is taken on record. 2. Heard Sri M.K. Tripathi, learned counsel for the applicants and Sri Sudhir Kumar Chandraul, learned AGA for the State and Sri Yogesh Kumar Tiwari, learned counsel for opposite party nos. 2 & 3. 3. This is an application filed U/s 482 Cr.P.C. has been preferred for quashing the entire proceedings of Special Trial No. 322 of 2016 (State vs. Sukh Singh alias Sukhai Yadav and Ors) arising out of case crime no.288 of 2015, under Sections 323/34/504, 506 IPC and Section 3(1)(X) of SC/ST Act, P.S. Erach, District Jhansi pending in the court of Special Judge, SC/ST Act, Jhansi. 4. Learned counsel for the applicants submits that a compromise stood entered into between the parties on 21.09.2024 out of the court. A copy whereof is on record as annexure no.8 at page 92 onwards, reference whereof is in para-21 of the paper-book. He submits that till the verification exercise is undertaken, the interim protection be accorded. 5. Sri Yogesh Kumar Tiwari, learned counsel for opposite party no.2 as well as learned AGA does not distinguish the said fact. 6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 17.03.2025 along with the self attested copy of the present application, certified copy of the order and original copy of compromise 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. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicant in the proceedings of Special Trial No. 322 of 2016 (State vs. Sukh Singh alias Sukhai Yadav and Ors) arising out of case crime no.288 of 2015, under Sections 323/34/504, 506 IPC and Section 3(1)(X) of SC/ST Act, P.S. Erach, District Jhansi pending in the court of Special Judge, SC/ST Act, Jhansi. 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. The issue of deposit of the compensation by the victim shall also be looked into. 8. The question of payment of deposit of compensation by the first informant/ victim/ complainant shall also be taken into consideration after obtaining report from the concerned District Social Welfare Officer. 9. True copy of the compromise application be returned subject to furnishing of the photocopy. Order Date :- 3.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad