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2025 DAILYLAW 17294 (ALL)

DIWARI LAL AND 9 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4245/2025 · 2025-02-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20999 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4245 of 2025 Applicant :- Diwari Lal And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Ms. Anita Singh, learned counsel for the applicants and learned AGA for the State-respondent. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the respondent No. 2. 3. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Case No. 3928 of 2021 (State Vs. Diwari Lal and others), arising out of case crime no.25 of 2019, under Sections 147, 148, 323, 504 and 506 IPC Police Station- Eka, District Firozabad, pending before the court of learned A.C.J. (J.D.)/ J.M, Shikohabad-Firozabad. 4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 15.01.2025 (Annexure-4 at page 55) and onwards reference whereof has been made in paragraph no. 10 of the application. He submits that the compromise application has been filed before the court below, 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 Additional A.C.J. (J.D.)/ J.M, Shikohabad-Firozabad along with a self-attested copy of the present application by 28.02.2025. 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 20.05.2025. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 3928 of 2021 (State Vs. Diwari Lal and others), arising out of case crime no.25 of 2019, under Sections 147, 148, 323, 504 and 506 IPC Police Station- Eka, District Firozabad, pending before the court of learned A.C.J. (J.D.)/ J.M, Shikohabad-Firozabad. 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. Order Date :- 13.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad