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2025 DAILYLAW 15151 (ALL)

DILSHAD AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/4343/2025 · 2025-03-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33304 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4343 of 2025 Applicant :- Dilshad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.,Raj Kumar Chauhan Hon'ble Vikas Budhwar,J. 1. Heard Sri Mohammad Abid Ali (AoR No.A/M 0426/16) holding brief of Sri Umair Mahmood, learned counsel for the applicants, learned A.G.A. for the State and Sri Raj Kumar Chauhan, learned counsel for O.P. No. 2. 2. This is an application preferred by the applicants for quashing of the impugned Charge Sheet No. 45 of 2018 dated 25.03.2018 as well as Cognizance Order dated 24.07.2018 (State Vs. Dilshad and other) passed by court of Additional Chief Judicial Magistrate, Court no.4 Bijnor as well as quash the entire proceedings of the case no. 2793 of 2018 arising out of Case Crime No. 122 of 2018 Under Sections 323,308 IPC Police Station-Afzalgarh, District- Bijnor in terms of compromise dated 09.01.2025. 4. Learned counsel for the applicants submits that an FIR stood lodged under Sections 323, 308 IPC, being FIR No.0122 of 2018. However, the parties have entered into a compromise on 09.01.2025 out of Court, Annexure-3 page-28, reference whereof has been made in para-10. He prays that the permission be accorded to file the compromise before the court below and the same be directed to be verified and in the interregnum period, protection be accorded to the applicants. 5. Learned A.G.A. as well as counsel for O.P. No. 2 have no objection to the same. 6. 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, certified copy of the order as well as the original copy of the compromise on 21.03.2025, on the receipt of which, the court below shall undertake the process of verification of compromise and the same be done by 23.05.2025. 7. In view of aforesaid, the application stands disposed of. 8. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in the proceedings pertaining to Charge Sheet No. 45 of 2018 dated 25.03.2018 as well as Cognizance Order dated 24.07.2018 (State Vs. Dilshad and other) passed by court of Additional Chief Judicial Magistrate, Court no.4 Bijnor as well as entire proceedings of the case no. 2793 of 2018 arising out of Case Crime No. 122 of 2018 Under Sections 323,308 IPC Police Station-Afzalgarh, District-Bijnor. 9. 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. 10. The original copy of the compromise be returned to counsel for the applicants subject to submission of photocopy of the same. Order Date :- 7.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad