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2025 DAILYLAW 17202 (ALL)

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

NA528/4789/2025 · 2025-02-17

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23879 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4789 of 2025 Applicant :- Jitendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama has been filed on behalf of Shri Jai Prakash Singh, counsel for opposite party no.2, is taken on record. 2. Heard Shri Rajiv Chowdhury, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State-respondent as well as Shri Jai Prakash Singh, counsel for opposite party no. 2. 3. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of S.T. No. 385 of 2008 (State Vs. Ram Mohan and Another), arising out case crime no. 33 of 2008, under Sections 323, 504, 506 IPC and Section 3 (1) (X) of SC/ST Act, Police Station- Chaubepur, District Varanasi pending before the court of learned Special Judge SC/ST Act, Varanasi. 4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 09.12.2024 (Annexure-7 at page 55) and onwards reference whereof has been made in paragraph no. 15 of the application. He submits that the compromise application has 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 applicants to approach the Court of learned Special Judge SC/ST Act, Varanasi while filing present application along with certified copy of the order and a self-attested copy of the present application by 06.03.2025. 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 22.05.2025. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of S.T. No. 385 of 2008 (State Vs. Ram Mohan and Another), arising out case crime no. 33 of 2008, under Sections 323, 504, 506 IPC and Section 3 (1) (X) of SC/ST Act, Police Station- Chaubepur, District Varanasi pending before the court of learned Special Judge SC/ST Act, Varanasi. 9. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. 11. Needless to point out that due compliance on the aspect of compensation amount paid to be returned to the concerned District Social Welfare Officer be made. Order Date :- 18.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad