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2025 DAILYLAW 13135 (ALL)

GAUTAM AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4033/2025 · 2025-02-09

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19231 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4033 of 2025 Applicant :- Gautam And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama and short counter affidavit filed on behalf of opposite party No. 2 by Shri Amit Mishra (Advocate Roll- A/A 0527/19), Advocate is taken on record. 2. Heard Shri Raghvendra Prakash, learned counsel for the applicants and Shri Sunil Pratap, learned AGA for the State- respondent and Sri Amit Mishra, learned counsel for opposite party No.2. 3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of ST No.1199 of 2022 (State vs. Gautam and others), arising out of Case Crime No.71 of 2021, under sections 147, 148, 149, 452, 323, 352, 504, 506, 427, 308 I.P.C., Police Station-Chirgaon, District-Jhansi, pending in the Court of Additional District and Sessions Judge Court No.-1, Jhansi. 4. Learned counsel for the applicants submits that though FIR stood lodged against the applicants under Section 147, 148, 149, 452, 323, 352, 504, 506, 427 I.P.C. on 27.04.2021 being FIR No. 0071 before Police Station-Chirgaon, District-Jhansi, however, the parties have themselves compromised on 16.12.2014 (Annexure-8 at page 114) and onwards reference whereof has been made in paragraph no. 18 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 5. Learned AGA as well as counsel for the opposite party No.2 have no objection to the same. 6. 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 Additional District and Sessions Judge Court No.-1, Jhansi while filing the compromise application and a 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 15.05.2025. 7. Till the compromise is verified, no coercive action shall be taken against the applicants in pursuance of ST No.1199 of 2022 (State vs. Gautam and others), arising out of Case Crime No.71 of 2021, under sections 147, 148, 149, 452, 323, 352, 504, 506, 427, 308 I.P.C., Police Station-Chirgaon, District-Jhansi, pending in the Court of Additional District and Sessions Judge Court No.-1, Jhansi. 8. The interim protection so accorded to the applicants shall be available subject to fulfillment of all the terms and conditions as contained in the order and also adhering to the guidelines. In the event of 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 :- 10.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad