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Neutral Citation No. - 2025:AHC:30852 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4548 of 2025 Applicant :- Vinod And 3 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Arun Kumar Tiwari,Vinod Shanker Giri Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Arun Kumar Tiwari, learned counsel for the applicants, Sri Sudhir Kumar Chandraul, learned AGA for the State.
2. In view of the order which is being proposed to be passed, notice are not being issued to opposite parties No. 2 to 5.
3. This is an application under Section 528 of BNSS filed for quashing the entire proceedings of Sessions Trial No. 107 of 2013 (State Vs. Vinod & others), pending in the Court of Special Judge (E.C. Act), Jalaun at Orai in pursuance of the charge sheet No. 49 of 2012 in Case Crime No. 312 of 2012, under Sections, 452, 308, 323, 504, 506 IPC, P.S. Sirsa Kalar, District Jalaun.
4. Learned counsel for the applicants submits that though a charge sheet stood submitted that a first information report stood lodged being Case No. 312 of 2012 under Sections 452, 308, 323, 504, 506 IPC, however, the parties have entered into compromise a copy whereof has been annexed as Annexure- 4 at page 31 of the paper book on 18.12.2024 reference whereof at para 9 of the application. Learned counsel for the applicants submits that the applicants shall be filing the compromise before the court below and till verification is done 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 on 17.03.2025 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 22.05.2025.
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 Sessions Trial No. 107 of 2013 (State Vs. Vinod & others), pending in the Court of Special Judge (E.C. Act), Jalaun at Orai in pursuance of the charge sheet No. 49 of 2012 in Case Crime No. 312 of 2012, under Sections, 452, 308, 323, 504, 506 IPC, P.S. Sirsa Kalar, District Jalaun. 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 compromise application be returned subject to filing of the photocopy.
Order Date :- 4.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad