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2025 DAILYLAW 15511 (ALL)

DARSHIT PANDEY AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/4041/2025 · 2025-02-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19237 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4041 of 2025 Applicant :- Darshit Pandey And 3 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 Shri Saurabh Kesarwani (Advocate Roll- A/S 0125/19), Advocate is taken on record. 2. Heard Shri Atul Kumar Tiwari, learned counsel for the applicants, Shri Sunil Pratap, learned AGA for the State- respondent and Shri Saurabh Kesarwani, learned counsel for 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. 108761 of 2023 (State Vs. Darshit Pandey and others) arising out of Case Crime No. 0031 of 2023 for the offence under Sections 323, 504, 506 I.P.C. Police Station Lanka, District Varanasi, pending in the court of Assistant Civil Judge (JD) Judicial Magistrate 6th, Varanasi. 4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 12.12.2024 (Annexure-4 at page 62) 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 Assistant Civil Judge(JD) Judicial Magistrate 6th, 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. 108761 of 2023 (State Vs. Darshit Pandey and others) arising out of Case Crime No. 0031 of 2023 for the offence under Sections 323, 504, 506 I.P.C. Police Station Lanka, District Varanasi, pending in the court of Assistant Civil Judge(JD) Judicial Magistrate 6th, 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