RAUNAK MISHRA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/4037/2025 · 2025-02-10
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14302 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14302 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:19233 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4037 of 2025 Applicant :- Raunak Mishra And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Short counter affidavit filed on behalf of opposite party No. 2 by Ms. Nandini Pandey (Advocate Roll- A/N 1776/22), Advocate is taken on record. 2. Heard Mr. Atul Kumar Tiwari, learned counsel for the applicants, Mr. Sunil Pratap, learned AGA for the State-respondent and Ms. Nandini Pandey, learned counsel for the opposite party No.2. 3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Case No. 33085 of 2023 (State Vs. Raunak Mishra and others) arising out of Case Crime No. 49 of 2023 for the offence under Sections 147, 323, 341, 506 I.P.C. Police Station Lanka, District Varanasi, pending in the court of Additional Chief Judicial Magistrate 3rd, Varanasi. 4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 10.10.2024 (Annexure-4 at page 78) and onwards reference whereof has been made in paragraph no. 7 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 on the other hand submits that he has 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 Chief Judicial Magistrate 3rd, Varanasi while filing the compromise application and a self-attested copy of the present application by
28.02.2025. 7. 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. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 33085 of 2023 (State Vs. Raunak Mishra and others) arising out of Case Crime No. 49 of 2023 for the offence under Sections 147, 323, 341, 506 I.P.C. Police Station Lanka, District Varanasi, pending in the court of Additional Chief Judicial Magistrate 3rd, Varanasi. 9.
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. 10. 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