AMIT @ MITHUN KUMAR AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
NA528/4261/2025 · 2025-02-12
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17126 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20933 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4261 of 2025 Applicant :- Amit @ Mithun Kumar And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed on behalf of opposite party Nos. 2 and 3 by Shri Praveen Kumar Sharma (Advocate Roll- A/P 0539/18), Advocate is taken on record.
2. Heard Shri Mukesh Kumar Pandey, learned counsel for the applicants and Shri Moti Lal, learned AGA for the State- respondent and Shri Shri Praveen Kumar Sharma, learned counsel for opposite party Nos.2 and 3.
3. This application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire criminal proceedings of case no. 486 of 2022 (State vs Amit @ Mithun Kumar and other), Case Crime No. 0165 of 2022, Under Sections 323, 308, 506 I.P.C, police station- Ajeetmal, as well as operation of the impugned cognizance and summoning
order dated 25.10.2023 pending in the Court of Civil Judge (J.D) Auraiya/F.T.C. Auraiya, District Auraiya.
4. Learned counsel for the applicants submits that though in the present application, a prayer has been made for quashing the criminal proceeding, however, during the pendency of the application, the parties have compromised on 01.02.2025, a copy
whereof is already on record at Annexure-5, page 91 and onwards, reference whereof has been made in paragraph no. 9 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 as well as counsel appearing for the opposite party Nos.2 and 3 have no objections to the same.
5. 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 Civil Judge (J.D) Auraiya/F.T.C. Auraiya, District Auraiya, while filing the compromise application and a self-attested copy of the present application by 28.02.2025.
6. 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.
7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 486 of 2022 (State vs Amit @ Mithun Kumar and other), Case Crime No. 0165 of 2022, Under Sections 323, 308, 506 I.P.C, police station- Ajeetmal, as well as in pursuance of the impugned cognizance and summoning order dated 25.10.2023 pending in the Court of Civil Judge (J.D) Auraiya/F.T.C. Auraiya, District Auraiya.
8. The interim protection so accorded to the applicant shall be available subject to fulfillment of all the terms and conditions as
contained in the order and also adhering to the guidelines. 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.
9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.
Order Date :- 13.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad