SHISHPAL SINGH @ MATRU AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/3243/2025 · 2025-02-03
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11005 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11005 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:15649 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3243 of 2025 Applicant :- Shishpal Singh @ Matru And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Perdeep Kumar Vishnoi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama has been filed on behalf of the respondent no. 2, Ms. Kawya (A/K 1412/22) is taken on record.
2. Heard Shri Perdeep Kumar Vishnoi, learned counsel for the applicants and Sri Vikash Sharma, learned State Law Officer for the State-respondent and Ms. Kawya, counsel for the opposite party no. 2.
3. Learned counsel for the applicants submits that though criminal proceedings stood lodged emanating into commencement of Session Trial No. 668 of 2021 (State v. Shishpal and others) arising out of Case Crime No. 161 of 2021, under Sections 323, 504 IPC and Sections 3(1) (ढ), 3(1)(ध) and 3 (2)(va) SC/ST Act, Police Station - Chhajlat, District Moradabad pending in the Court of Special Judge SC/ST (P.A.), Act, District-Moradabad, but now the parties have entered into compromise out of the Court and the
learned counsel for the applicants and opposite party no. 2, pray that the proceedings be quashed.
4. Learned AGA as well as counsel appearing for respondent no. 2 on the other hand submits that the compromise proceedings need to be verified by the competent court and, thus, the parties may approach the competent court while filing a compromise application as per the rules and in case, such application is filed
that the same be directed to be decided and in the meantime, interim protection be accorded.
5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing to the applicants to approach the Court of Special Judge SC/ST (P.A.) Act, Moradabad, while filing a compromise application along with self-attested copy of the present application by 17.02.2025.
6. On the receipt of the same, the court below shall put to notice the effected parties and thereafter verify the compromise by
07.03.2025.
7. Till the disposal of the compromise application so sought to be filed by the court below, the applicants shall not be meted out with any coercive action in pursuance of Session Trial No. 668 of 2021 (State v. Shishpal and others) arising out of Case Crime No. 161 of 2021, under Sections 323, 504 IPC and Sections 3(1) (ढ), 3(1)(ध) and 3 (2)(va) SC/ST Act, Police Station - Chhajlat, District Moradabad.
8. The order passed today is subject to the compliance of the time- line as provided by this Court and in default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.
9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.
Order Date :- 4.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad