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2025 DAILYLAW 15525 (ALL)

CHANDRA SHEKHAR PANDEY AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/4050/2025 · 2025-03-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33027 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4050 of 2025 Applicant :- Chandra Shekhar Pandey And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashutosh Kumar Mishra, learned counsel for the applicants, who are two in number, Sri Jyoti Singh, learned A.G.A. 2. This is an application preferred for quashing the Cognizance order dated 24.12.2024 passed by Additional Chief Judicial Magistrate VIII, Allahabad, as well as Charge sheet dated 15.06.2024 in case crime no. 36 of 2024, U/s-452, 504, 506, 427 of I.P.C., Police Station Karchhana, District-Prayagraj (State V/s Chandra Shekhar Pandey and others) and Pending in the Additional Chief Judicial Magistrate VIII, Allahabad, on the basic of compromise dated 16.02.2024 & 04.07.2024 entered in between applicants and opp. No. 2 & 3. 3. Learned counsel for the applicants submits that though an FIR stood lodged under Sections 452, 504, 506, 427 IPC, FIR No.0036 of 2024, however, parties have entered into compromise out of Court 16.02.2024 and 04.07.2024, a copy whereof is Annexure-3 at page-25 onward, reference whereof has been made in paragraph-7 and 8 of the application. Learned counsel for the applicant submits that the applicants herein had earlier filed Crl. Misc. Writ Petition No. 10262 of 2024, in which the following order was passed: - "1. Sri Ashutosh Prasad Shukla, Advocate has filed a short counter affidavit on behalf of Respondent Nos. 3 and 4 today in Court, which is taken on record. 2. Heard learned counsel for the petitioner, Sri Neeraj Kumar Pandey holding brief of Sri Ashutosh Prasad Shukla, learned counsel for the Respondent No. 3 and 4, learned A.G.A. for the State and perused the record. 3. Learned counsel for the petitioner has submitted that on account of some misunderstanding and family dispute, the first information report has been lodged, however subsequently, with the intervention of respected members of both the family and the society, parties have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other. 4. Learned counsel for the petitioner has next drawn the attention of the Court to a settlement-agreement dated 15.2.2024 drawn between the parties, a copy of which has been annexed as Annexure No. 2 to this petition. 5. Learned counsel for the petitioner has next submitted that in view of the compromise made between the parties, the first information report be quashed. 6. Learned counsel for the opposite party No.3 though has acknowledged the said compromise but prays for and is granted one week time to file an affidavit on behalf of respondent no.4 also. 7. Put up as fresh on 8.7.2024. 8. Till then, the petitioner shall not be arrested in pursuance of FIR dated 3.2.2024 arising out of Case Crime no. 36 of 2024, under Sections 452, 504, 506, 427 IPC, P.S. Karchhana, District- Prayagraj." 4. Pursuant to the above order, parties have entered into compromise. He submits that till the verification of the compromise is done, 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 528 BNSS, the certified copy of the order as well as the original compromise application on 21.03.2025, on receipt of which, the court below shall undertake the process of verification 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 Cognizance order dated 24.12.2024 passed by Additional Chief Judicial Magistrate VIII, Allahabad, as well as Charge sheet dated 15.06.2024 in case crime no. 36 of 2024, U/s-452, 504, 506, 427 of I.P.C., Police Station Karchhana, District-Prayagraj (State V/s Chandra Shekhar Pandey and others) and Pending in the Additional Chief Judicial Magistrate VIII, Allahabad. 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. Order Date :- 7.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad