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Neutral Citation No. - 2025:AHC:19945 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3286 of 2025 Applicant :- Nandlal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed on behalf of opposite party No. 2 by Sri Vishveshwar Mani Tripathi is taken on record. 2. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicants as well as Sri V.K. Sharma, learned State Law Officer for the State and Sri Vishveshwar Mani Tripathi for the opposite party No. 2. 3. This application under Section 528 BNSS has been filed by the applicants S.T. No.44 of 2020 (State Vs. Nandlal and others), Charge-Sheet dated 20.12.2015, arising out of Case Crime No. 1060A of 2015, under Section 323, 325, 504, 506 I.P.C., Police Station-Gauri Bazar, District-Deoria, as well as impugned cognizance/summoning order dated 04.04.2016, pending in the Court of learned Additional District and Sessions Judge, Court No.1, Deoria. 4. Learned counsel for the applicants submits that though the first information report stood lodged against the applicants, however, the parties have themselves compromised out of the Court on 7.12.2024 before the court below copy whereof annexure-4 at page 41of the paper book relevant assertion has been made in paragraph no. 9 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 on the other hand submit that they 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, Deoria while filing the compromise application and a self-attested copy of the present application by
4.03.2025. 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 23.05.2025. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case Crime No. 1060A of 2015, under Section 323, 325, 504, 506 I.P.C., Police Station-Gauri Bazar, District-Deoria. 8.
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 :- 11.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad