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Neutral Citation No. - 2025:AHC:21020 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4243 of 2025 Applicant :- Anurag Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Bhaiya Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Mr Satish Kumar (A/S 0558/20120, advcoate holding brief of Mr. Anoop Bhaiya Lal Shukla, learned counsel for the applicant and Mr. S.K. Singh, learned AGA for the State- respondent. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the respondent No. 2. 3. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No. 6964 of 2024 (State Vs. Anurag Tyagi) arising out of case crime no.188 of 2024, under Sections 318, 316, 338, 336, 340 B.N.S. (420, 406, 467, 468, 471 IPC) Police Station- Kavi Nagar, District Ghaziabad pending before the court of learned Chief Judicial Magistrate, Ghaziabad. 4. Learned counsel for the applicant submits that the parties have themselves compromised out of the Court on 03.01.2025 (Annexure-1 at page 40) and onwards reference whereof has been made in paragraph no. 11 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. 5. Learned AGA on the other hand submits that he has 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 applicant to approach the Court of learned Chief Judicial Magistrate, Ghaziabad while filing the compromise application and a self-attested copy of the present application by 28.02.2025. 7. 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 20.05.2025. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of Case No. 6964 of 2024 (State Vs. Anurag Tyagi) arising out of case crime no.188 of 2024, under Sections 318, 316, 338, 336, 340 B.N.S. (420, 406, 467, 468, 471 IPC) Police Station- Kavi Nagar, District Ghaziabad pending before the court of learned Chief Judicial Magistrate, Ghaziabad. 9.
In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 13.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad