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Neutral Citation No. - 2025:AHC:22195 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3848 of 2025 Applicant :- Dilshad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed on behalf of opposite party No. 2 Adarsh Kumar Pandey is taken on record
2. Heard Sri Abhishek Singh, learned counsel for the applicant as well as Sri Motilal, learned AGA for the State and Sri Adarsh Kumar Pandey for opposite party No. 2.
3. Though the first information report stood lodged against the applicants under Sections 420, 406, 468, 471 IPC, however, off late the parties have entered into compromise on 10.01.2025, copy whereof is Annexure-4 at page 41 of the paper book reference whereof has been made in para 10 of the application. Learned counsel for the applicants prays the applicants be permitted to file the compromise before the court below, in the Court of CJM, Shamli and till the verification is done 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 applicant 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. 12504 of 2024 (State Vs. Dilshad and others) arising out of Case Crime No. 82 of 2024,
under Section 420, 406, 468, 471 I.P.C. Police Station- Kairana, District Shamli, pending in the court of Chief Judicial Magistrate, Shamli. 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