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2025 DAILYLAW 16533 (ALL)

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

NA528/4922/2025 · 2025-02-26

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28058 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4922 of 2025 Applicant :- Puneet And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.,Shobhit Agrawal Hon'ble Vikas Budhwar,J. 1. Heard Sri Jitendra Kuma, learned counsel for the applicants as well as Sri Muniraj Mehrotra, learned AGA for the State and Sri Shobhit Agrawal for the opposite party No. 2. 2. A joint statement has been made by learned counsel for the parties that they do not propose to file any affidavit and the application be decided on the basis of the documents available on record. With the consent of the parties, the application be decided at the fresh stage. 3. This is an application under Section 528 of the BNSS filed for quashing the charge sheet dated 14.06.2023 in Special S.T. No. 1167 of 2023 (State Vs. Abhishek and others) arising out of Case Crime No. 76 of 2023 under Sections 147, 148, 323, 336 IPC read with Section 3(2)Va, 3(1)(da) of SC/ST Act, P.S. Jarcha, District Gautam Buddh Nagar, pending in the Court of learned Additional District Judge/Special Judge, SC/ST Act, Gautam Buddh Nagar. 4. Learned counsel for the applicants submits that though a first information report stood lodged by the opposite party No. 2 under Section 147, 148, 323, 336 IPC read with 3(2)V of the SC/ST Act against the applicants, however, off late parties have entered into compromise out of Court, a copy whereof is Annexed as Annexure-3 at page 87 on 29.01.2025, reference whereof has been give in para 10 of the application. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 5. 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. 6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 10.03.2025 along with the self attested copy of the present application, certified copy of the order and compromise 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 23.05.2025. 7. 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 Special Sessions Trial No. 1167 of 2023 (State Vs. Abhishek and others), arising out of Case Crime No. 76 of 2023, under Sections 147, 148, 323, 336 IPC read with Section 3(2)Va, 3(1)(da)of SC/ST Act, P.S. Jarcha, District Gautam Buddh Nagar, pending in the Court of learned Additional District Judge/Special Judge, SC/ST Act, Gautam Buddh Nagar. 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. 8. The issue of deposit of the compensation by the victim shall also be looked into. Order Date :- 27.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad