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2025 DAILYLAW 15562 (ALL)

SARIF AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/3778/2025 · 2025-02-16

Vikas Budhwar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:22199 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3778 of 2025 Applicant :- Sarif And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ardhendu Shekhar Sharma,Janmejai Dwivedi,Ram Babu Sharma Counsel for Opposite Party :- G.A.,Jitendra Upadhyay Hon'ble Vikas Budhwar,J. 1. Heard Sri Ardhendu Shekhar Sharma, learned counsel for the applicants as well as Sri Jai Bahadur Singh, learned AGA for the State and Sri Jitendra Upadhyay for opposite party No. 2. 2. This application under Section 482 of the Cr.P.C. filed for quashing the entire proceeding of Case No. 140 of 2024 (State Vs. Shabana and others) arising out of Case Crime No. 596 of 2022, under Section 406, 504, 506 I.P.C. Police Station- Sasni Gate, District Aligarh, pending in the court of Judicial Magistrate-III, Aligarh. Learned counsel for the applicants has invited attention towards Annexure 4 at page 48 of the paper book reference whereof has been made in para 9 that the parties have entered into compromise and filed before the court of Judicial Magistrate, Court No. 1, Aligarh on 19.10.2024 Bisalpur, Pilibhit. He submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 28.02.2025 along with the self attested copy of the present application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 20.05.2025. 6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Case No. 140 of 2024 (State Vs. Shabana and others) arising out of Case Crime No. 596 of 2022, under Section 406, 504, 506 I.P.C. Police Station- Sasni Gate, District Aligarh, pending in the court of Judicial Magistrate- III, Aligarh. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 17.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad