MUKESH PANDEY @ RAJAN PANDEY v. STATE OF U.P. AND ANOTHER
NA528/4827/2025 · 2025-03-04
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13407 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13407 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31098 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4827 of 2025 Applicant :- Mukesh Pandey @ Rajan Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Dubey,Deepak Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Deepak Upadhyay, learned counsel for the applicant as well as Sri Abhishek Tripathi, learned AGA for the State.
2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceedings of Case No. 36 of 2023 (State of U.P. & another Vs. Rajan Pandey), arising out of case crime no. 0177 of 2022, under Sections 435, 506 IPC, Police Station- Zafrabad, District Jaunpur, pending in the court of learned Additional Civil Judge (Senior Division), Jaunpur.
3. Learned counsel for the applicant has submitted that a first information report stood lodged by the opposite party No. 2 against the applicant being No. 0177 of 2022 on 17.12.2022, under Sections 435 & 506 I.P.C. Learned counsel for the applicant has invited attention towards Annexure 5 at page 36 of the paper book reference whereof has been made at para 11 that the parties have entered into compromise on 4.11.2024. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. He further submits that compromise has been filed before court below.
4. Learned AGA, on the other hand, submits that once as per the applicant, compromise application has already been preferred then the direction be issued for verification of the same.
5. Considering the said submission, the application stands
disposed of directing the applicant to appear before the court below on 19.03.2025 along with the self attested copy of the present 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 applicant by 23.05.2025.
6. 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 Case No. 36 of 2023, under Sections 435 & 506 IPC, Police Station- Zafrabad, District Jaunpur. The protection accorded to the applicant 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.
Order Date :- 5.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad