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2025 DAILYLAW 16502 (ALL)

DRON KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4765/2025 · 2025-02-24

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26623 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4765 of 2025 Applicant :- Dron Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Case No. 6360 of 2023 (State Vs. Gulshan Kumar and others), arising out of case crime no. 204 of 2022, under Sections 354-Kha, 323, 504, 506 IPC, Police Station- Jaswant Nagar, District Etawah as well as impugned cognizance order dated 29.05.2023, pending before the court of learned Civil Judge (Junior Division) F.T.C./ J.M., Etawah. 2. It is submitted that the parties have themselves compromised out of the Court on 13.01.2025 (Annexure-3 at page 59) and onwards reference whereof has been made in paragraph no. 08 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. 3. Learned AGA on the other hand submits that he has no objection to the same. 4. 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 Civil Judge (Junior Division) F.T.C./ J.M., Etawah while filing the compromise application and a self-attested copy of the present application and certified copy of the order by 10.03.2025. 5. 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 23.05.2025. 6. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 6360 of 2023 (State Vs. Gulshan Kumar and others), arising out of case crime no. 204 of 2022, under Sections 354-Kha, 323, 504, 506 IPC, Police Station- Jaswant Nagar, District Etawah as well as impugned cognizance order dated 29.05.2023, pending before the court of learned Civil Judge (Junior Division) F.T.C./ J.M., Etawah. 7. 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. 8. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. 9. A copy of compromise application (annexure-3) be returned, subject to filing of photocopy. Order Date :- 25.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad