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Neutral Citation No. - 2025:AHC:25148 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4330 of 2025 Applicant :- Pramod And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri A.P. Dubey, learned counsel for the applicants and Sri S.P. Singh, learned AGA/State Law Officer for the State- respondent. 2. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Criminal Case No. 1866 of 2021 (State Vs. Sevaram and others), arising out of case crime no. 0148 of 2021, under Sections 452, 354, 354-B, 323, 504 IPC Police Station- Bhagatpur, District Moradabad, pending before the court of learned Judicial Magistrate, Thakurdwara. 3. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 13.01.2025 (Annexure-5 at page 68) and onwards reference whereof has been made in paragraph no. 9 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. 4. Learned AGA on the other hand submits that he has no objection to the same. 5. 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 Judicial Magistrate, Thakurdwara while filing the compromise application and a self- attested copy of the present application by 06.03.2025. 6. 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 22.05.2025. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 1866 of 2021 (State Vs. Sevaram and others), arising out of case crime no. 0148 of 2021, under Sections 452, 354, 354-B, 323, 504 IPC Police Station- Bhagatpur, District Moradabad, pending before the court of learned Judicial Magistrate, Thakurdwara. 8. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 9.
It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 20.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad