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2025 DAILYLAW 17332 (ALL)

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

NA528/4553/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30872 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4553 of 2025 Applicant :- Shamsher And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shashank Dwivedi, learned counsel for the applicants, Sri Jyoti Singh, learned AGA for the State. 2. In view of the order which is being proposed to be passed, notice is not being issue to the opposite party No. 2. 3. This is an application U/S 528 of BNSS filed for quashing the proceedings of Case No. 751 of 2005 (State Vs. Shamsher) order dated 26.04.2006, Case Crime No. 751C of 2005, under Sections 323, 324 IPC, P.S. Mandawali, District Bijnor, pending in the Court of ACJM-III, Bijnor. 4. Learned counsel for the applicants submits that an FIR stood lodged against the applicants in Case Crime No. 751C of 2005 under Section 452, 307, 504, 506, 323, 324 IPC in which on 26.12.2005 final report was submitted, however, the Court on 26.12.2005 rejected the protest petition and issued non-bailable warrant on 26.04.2006. Learned counsel for the applicants submits that with relation to the same, a compromise has been executed between the parties Annexure-5 at page 26 onwards reference whereof is at para 10 on 22.01.2005. Learned counsel for the applicants submits that once compromise has been entered and till the verification is done interim protection be accorded. 5. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same. 6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 18.03.2025 along with the self attested copy of the present application, certified copy of the order and 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. 7. 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 Case No. 751 of 2005 (State Vs. Shamsher) order dated 26.04.2006, Case Crime No. 751C of 2005, under Sections 323, 324 IPC, P.S. Mandawali, District Bijnor, pending in the Court of ACJM-III, Bijnor.. 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. 8. The true copy of the compromise application be returned subject to furnishing of the photocopy. Order Date :- 4.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad