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2025 DAILYLAW 17329 (ALL)

KAMOD SINGH@ KAMOD KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4599/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31171 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4599 of 2025 Applicant :- Kamod Singh@ Kamod Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Prakash Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shiv Prakash Chaudhary, learned counsel for the applicants as well as Sri S.K., learned AGA for the State. 2. This is an application under Section 528 of BNSS filed for quashing the charge sheet No.06./2021 dated 25.01.2021 and cognizance order dated 11.07.2022 as well as entire proceedings of Criminal Case No. 706 of 2022 (State vs. Kamod Singh and Ors) arising out of case crime no.329 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. 0329 of 2020 stood lodged 22.12.2020 under Sections 323, 504, 506, 308 IPC by the opposite party but the parties have entered into compromise as annexure-3 at page-36 of the paper book on 04.01.2025 reference whereof has been made in paragraph-4 of the application. 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. 706 of 2022 (State vs. Kamod Singh and Ors) arising out of case crime no.329 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