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2025 DAILYLAW 16582 (ALL)

HOSHIYAR BRIJWASI AND 2 OTHERS v. STATE OF UP AND 2 OTHERS

A482/3019/2024 · 2025-08-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137234 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3019 of 2024 Applicant :- Hoshiyar Brijwasi And 2 Others Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Ravi Pandey, learned counsel for the applicants, Sri S.K. Singh learned State Law Officer for the State and Sri Gaurav Singh, learned counsel for the opposite party no.2. 3. This application under Section 482 Cr.P.C. has been filed by the applicant to set-aside the impugned summoning order dated 01- 09-2023 passed by Additional Chief Judicial Magistrate, Court No. 1, District-Aligarh, wherein the applicants summoned by the Court U/s. 498-A, 323, 504, 506 Indian Penal Code and 3/4 D.P. Act and to quash the entire proceedings of Complaint Case No. 1480 of 2021 (Dilip Singh Vs. Hoshiyar Brijwasi & others) Under Sections 498-A, 323, 504, 506 Indian Penal Code and 4 D.P. Act. Police Station-Akrabad District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court no. 1 District-Aligarh, 4. Learned counsel for the applicants submits that during the pendency of the aforesaid proceedings, the parties have entered into compromise on 29.4.2025 and the same stands filed before the court below, copy whereof (Annexure.1 at page 6) of the supplementary affidavit, reference whereof has been made in paragraph no.2 of the supplementary affidavit. He further submits that till the compromise is verified, no coercive action be taken. 5. Learned AGA as well as counsel appearing for the opposite party no.2 on the other hand submits that they have no objection to the same. 6. 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 Additional Chief Judicial Magistrate, Court no.1 District.Aligarh while filing a self attested copy of the present application, compromise application, supplementary affidavit and certified copy of the order today passed by 22.8.2025 7. On the said motion the court below shall verify the same strictly in accordance with law. 8. Till the compromise application is decided, no coercive action shall be taken against the applicant in Complaint Case No. 1480 of 2021 (Dilip Singh Vs. Hoshiyar Brijwasi & others) Under Sections 498.A, 323, 504, 506 Indian Penal Code and 3/4 D.P. Act. Police Station Akrabad District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court no. 1 District.Aligarh 9. 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. Order Date :- 12.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad