NATTHU BAKHSH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/3470/2025 · 2025-02-12
Vikas Budhwar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14332 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20880 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3470 of 2025 Applicant :- Natthu Bakhsh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- M. Asif Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri M. Asif, learned counsel for the applicants as well as Sri Rajiv Kumar Singh, learned AGA for the State.
2. In view of the order which is being proposed to be passed, notice is not being issued to opposite party No. 2.
3. This application under Section 528 of the B.N.S.S. filed for quashing the entire proceeding of Case No.2625 of 2024 (State Vs. Natthu Baksh) arising out of Case Crime No. 160 of 2024, under Section 323, 504, 506, 325 I.P.C. Police Station- Bisalpur, District Pilibhit, pending in the court of Judicial Magistrate Bisalpur, Pilibhit. Learned counsel for the applicant has invited attention towards Annexure 6 at page 43 of the paper book reference whereof has been made in para 10 that the parties have entered into compromise on 18.12.2024 and filed before the court of Judicial Magistrate, Bisalpur, Pilibhit. He submits that direction be issued for verification and in the meantime interim protection be accorded.
4. Learned AGA, on the other hand, submits that once as per the applicants, 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 applicants to appear before the court below on 28.02.2025 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 20.05.2025.
6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against
the applicants in the proceedings of Case No. 2625 of 2024 (State Vs. Natthu Baksh) arising out of Case Crime No. 160 of 2024, under Section 323, 504, 506, 325 I.P.C. Police Station- Bisalpur, District Pilibhit, pending in the court of Judicial Magistrate Bisalpur, Pilibhit. The protection accorded to the applicants 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 :- 13.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad