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2025 DAILYLAW 17199 (ALL)

SUKHDEV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4563/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31110 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4563 of 2025 Applicant :- Sukhdev And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shive Datta Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shive Datta Yadav, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. This is an application under Section 528 of BNSS filed for quashing the charge sheet No.05./2021 dated 23.01.2021 and cognizance order dated 24.09.2021 as well as entire proceedings of Criminal Case No. 10755 of 2024 (State vs. Sukhdev and Ors) arising out of case crime no.330 of 2020, under Sections 323, 504, 506, 308 IPC P.S. Usrahar, District Etawah pending in the Court of Additional Chief Judicial Magistrate, court no.3 Etawah. 3. Learned counsel for the applicant submits that though the first information report no. 0330 of 2020 stood lodged 22.12.2020under Sections 323, 504, 506 IPC by the opposite party but the parries have entered into compromise as annexure- 3 at page-35 of the paper book on 04.01.2025 reference whereof has been made out of the court. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA, has no objection to the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 17.03.2025 along with the self attested copy of the present application, certified copy of the order and original copy of 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 23.05.2025. 6. 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 Criminal Case No. 10755 of 2024 (State vs. Sukhdev and Ors) arising out of case crime no.330 of 2020, under Sections 323, 504, 506, 308 IPC P.S. Usrahar, District Etawah pending in the Court of Additional Chief Judicial Magistrate, court no.3 Etawah. 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. 7. True copy of the compromise application be returned subject to furnishing of the photocopy. Order Date :- 4.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad