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2025 DAILYLAW 14198 (ALL)

TINKU ALIAS RAGHUVEER AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A482/3282/2025 · 2025-02-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19477 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3282 of 2025 Applicant :- Tinku Alias Raghuveer And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kalp Dev Mishra,Vir Bahadur Counsel for Opposite Party :- Suneel,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kalp Dev Mishra, learned counsel for the applicants, Sri Jitendra Kumar, learned A.G.A. and Sri Suneel, learned counsel for O.P. Nos. 2 and 3. 2. This application has been preferred for quashing of the Charge Sheet dated 13.12.2023, cognizance/summoning order dated 06.11.2024 passed by learned Additional Chief Judicial Magistrate, Court No.4, Bareilly as well as entire proceedings in Case Crime No. 566 of 2023, under Sections 323, 504, 506, 308 IPC, P.S. Bhuta, District- Bareilly, pending in the Court of Addl. Chief Judicial Magistrate, Court No.4, Bareilly. 3. Learned counsel for the applicant has submitted that parties have entered into a compromise on 16.01.2025 out of the Court, a copy whereof is appended as Annexure-6 at page 61 of the paper- book, reference whereof has been made in paragraph-12 of the affidavit. He further submits that now, the compromise needs to be verified and in the interregnum period, protection be accorded to the applicants. 4. Learned A.G.A. as well as counsel for O.P. Nos. 2 & 3 have no objection and submit that let an appropriate direction be issued to the court below to verify the compromise. 5. Considering the submissions of the parties, it is hereby provided that the applicant shall appear before the court below along with the self-attested copy of the application under Section 482 CrPC, 1973 and the certified copy of the order on 28.02.2025, on which date, the court below shall put to notice the O.P. no.2 & 3 and thereafter fix a date in the second week of March, 2025 for the verification and the same be done by 22.05.2025. 6. In view of aforesaid, the application stands disposed of. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in Case Crime No. 566 of 2023, under Sections 323, 504, 506, 308 IPC, P.S. Bhuta, District- Bareilly, pending in the Court of Addl. Chief Judicial Magistrate, Court No.4, Bareilly. 8. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. Order Date :- 11.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad