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2025 DAILYLAW 11589 (ALL)

AKHILESH KUMAR TRIPATHI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/4250/2025 · 2025-02-13

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20925 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4250 of 2025 Applicant :- Akhilesh Kumar Tripathi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh,Hariom Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard learned counsel for the applicants and Sri Moti Lal, learned AGA for the State-respondent. 2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Criminal Case No. 256 of 2013 (State Vs. Akhilesh Kumar Tripathi and others), arising out of case crime no. 206 of 2011, under Sections 405, 409, 419, 420, 467, 468, 470, 471 IPC Police Station- Paschim Sharira, District Kaushambi, pending before the court of learned Civil Judge (Senior Division)/F.T.C., District Kaushambi. 3. Learned counsel for the applicants submits that though the first information report stood lodged againtst the applicants under Sections 405, 409, 419, 420, 467, 468, 470, 471 IPC, however, the parties have themselves compromised out of the Court on 12.12.2024 (Annexure-4 at page 34) and onwards reference whereof has been made in paragraph no.13 of the application. He submits that the compromise application has been filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 4. Learned AGA on the other hand submits that he has no objection to the same. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Civil Judge (Senior Division)/F.T.C., District Kaushambi along with self-attested copy of the present application by 28.02.2025. 6. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 20.05.2025. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 256 of 2013 (State Vs. Akhilesh Kumar Tripathi and others), arising out of case crime no. 206 of 2011, under Sections 405, 409, 419, 420, 467, 468, 470, 471 IPC Police Station- Paschim Sharira, District Kaushambi, pending before the court of learned Civil Judge (Senior Division)/F.T.C., District Kaushambi. 8. In the event of default of any of the conditions by the applicants 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 :- 13.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad