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Neutral Citation No. - 2025:AHC:26472 Court No. - 74 Case :- APPLICATION U/S 482 No. - 8008 of 2023 Applicant :- Shoaib Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jag Narayan,Pankaj Srivastava Counsel for Opposite Party :- A.G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Jag Narayan, learned counsel for the applicant, Shri Moti Lal, learned A.G.A. appearing on behalf of the State- respondent. 2. This application has been filed u/s 482 Cr.P.C. for staying the further proceeding of charge sheet no.247 of 2022, cognizance taken on 1.11.2022 in Criminal Case No. 714 of 2022 (State Versus Shoaib) arising out of Case Crime No.182 of 2022 under Section 363 and 366 I.P.C, Police Station Tirwa, District- Kannauj, pending in the court of Additional Chief Judicial Magistrate Kannauj. 3. Learned counsel for the applicant submits that a First Information Report stood lodged by the opposite party No. 2 against the applicant under Section 363, 366 IPC, being FIR No. 0182 on 23.05.2022, relatable to commission of offences on 17.05.2022, with an allegation that the applicant committed offences by abducting the daughter of the first informant. Learned Counsel for the applicant has invited attention of the Court towards page no. 41 of the paper-book, being the statement of the victim under Section 164 of the Cr.P.C, so as to contend that she had gone with the applicant on a free will. Learned counsel for the
applicant has invited attention of the Court towards the medical examination report relevant extract whereof is at page No. 36 of the paper-book, that the victim is aged above 18 years. 4. Learned counsel for the applicant has invited attention of the Court towards the supplementary affidavit dated 02.8.2024, while contending that a compromise stood entered between the parties on 12.12.2023, a copy whereof is on record at Annexure S.A.-1 at page 6 onwards, and the same stood also filed before the Court of A.C.J.M., Kannauj, and thereafter proceedings under Sections 82 and 83 of Cr.P.C. has been initiated. Learned counsel for the applicants submits that till the verification process is concluded, interim protection be accorded. 5. Learned AGA submits that once a compromise application has been filed before the court below, then it needs to be verified and in the meantime, interim protection be accorded, however, subject to a timeline specified by this Court. 6.
Having heard learned counsel for the parties and in view of the intervening facts, the application stands disposed of directing the applicants to submit a self-attested copy of the application and certified copy of the order passed today and place the same before the court below in the week commencing 03.03.2025 and on the presentation of the same, the court below shall verify the said compromise by 26.05.2025. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 714 of 2022 (State Versus Shoaib) arising out of Case Crime No.182 of 2022, under Section 363 and 366 I.P.C, Police Station Tirwa, District- Kannauj, pending in the Court of
Additional Chief Judicial Magistrate Kannauj. 8. 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. 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 :- 24.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad