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Neutral Citation No. - 2025:AHC:19369 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3938 of 2025 Applicant :- Nizamuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed on behalf of Mr. Piyush Patel on behalf of the opposite party no. 2, is taken on record. 2. Short counter affidavit filed today, is also taken on record. 3. Heard Shri Pradeep Kumar VI, learned counsel for the applicants and Sri Moti Lal, learned AGA for the State-respondent as well as Shri Piyush Patel, counsel for respondent no. 2. 4. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Criminal Case No.2228 of 2016 (State Vs. NIzamuddin), arising out of case crime no.1399 of 2015, under Sections 419, 420, 467, 468, 471, 504, 506 IPC Police Station- Shyamdeurawa, District Maharajganj pending before the court of learned Chief Judicial Magistrate, Maharajganj. 5. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 02.08.2023 (Annexure-3 at page 25) and onwards reference whereof has been made in paragraph no.11 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. 6. Learned AGA on the other hand submits that he has no objection to the same. 7. 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 learned Chief Judicial Magistrate, Maharajganj while filing the compromise application and a self-attested copy of the present application by 03.03.2025. 8. 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 21.05.2025. 9. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No.2228 of 2016 (State Vs. NIzamuddin), arising out of case crime no.1399 of 2015, under Sections 419, 420, 467, 468, 471, 504, 506 IPC Police Station- Shyamdeurawa, District Maharajganj pending before the court of learned Chief Judicial Magistrate, Maharajganj. 10.
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. 11. 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 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad