SMT KANTI DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/4509/2025 · 2025-02-23
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16795 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16795 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:26507 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4509 of 2025 Applicant :- Smt Kanti Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.,Saurabh Kumar Hon'ble Vikas Budhwar,J.
1. Heard Shri Pankaj Bharti, learned counsel for the applicant, Shri Moti Lal, learned A.G.A. for the State and Shri Saurabh Kumar,
learned counsel for the opposite party no. 2.
2. This is an application under Section 528 of BNSS wherein relief has been sought for quashing/compounding impugned charge sheet dated 24.06.2021, cognizance order dated 24.09.2021 and summoning order dated 24.09.2021 and all further proceedings of Case No. 12390 of 2024 (old case no. 6626/9 of 2021) 'State Vs. Smt. Kanti and others' Under Section 420 I.P.C., Police Station- Jhinjhina, District- Shamli, arising out of Case Crime No. 80 of 2021 now pending in the Court of learned Civil Judge (Junior Division) Kairana, District- Shamli on the basis of the compromise dated 30.01.2023 entered into between the parties.
3. Learned counsel for the applicant submits that though an FIR came to be lodged under Sections 471, 468, 467, 420 being FIR No. 0080 of 2021, however, of-late the parties have entered into compromise and they have filed the said compromise on 30.01.2023 before the Court of ACJM, Kairana, a copy whereof is Annexure 8 page 70 onwards, reference whereof has been made in para no. 13 of the application. Learned counsel for the applicant submits that till verification process is concluded interim protection be accorded to the applicant.
4. Learned A.G.A. as well as learned counsel appearing on behalf of opposite party no. 2 does not dispute the said facts.
5. Having heard the learned counsel for the parties and after perusing the records, the application stands disposed of directing the applicant to submit a self attested copy of the application and certified copy of the order before the Court below by 10.03.2025 and on the said process being done, the Court below shall
undertake the process of verification and conclude the same by
23.05.2025.
6. Till the verification process is concluded, no coercive action shall be taken against the applicant in pursuance of the aforesaid case.
7. The benefit of the order passed today shall be only available in those contingencies wherein the applicants strictly sticks to the timeline and does not violate any of the conditions of the above.
8. Post outcome and fate of the compromise parties are again free to approach this Court.
Order Date :- 24.2.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad