RAKESH KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4758/2025 · 2025-02-24
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17515 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17515 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:26607 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4758 of 2025 Applicant :- Rakesh Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rashmi Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Criminal Case No. 230 of 2021 (State Vs. Rakesh and others), arising out of case crime no.15 of 2021, under Sections 406, 420, 504, 506 IPC, Police Station- Halia, District Mirzapur pending before the court of learned Additional Chief Judicial Magistrate-III, Mirzapur. 2. It is submitted that an FIR stood lodged on 04.02.2021 under Sections 406, 420, 504, 506 of IPC against the applicants who are five in number, FIR No. 0015, however, the parties have themselves compromised out of the Court on 06.01.2022 (Annexure-4 at page 40) and onwards reference whereof has been made in paragraph no.11 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 3. Learned AGA on the other hand submits that he has no objection to the same. 4. 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 Chief
Judicial Magistrate-III, Mirzapur while filing the compromise application and a self-attested copy of the present application and certified copy of the order by 10.03.2025. 5. 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 23.05.2025. 6. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 230 of 2021 (State Vs. Rakesh and others), arising out of case crime no.15 of 2021, under Sections 406, 420, 504, 506 IPC, Police Station- Halia, District Mirzapur pending before the court of learned Additional Chief Judicial Magistrate- III, Mirzapur. 7. 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. 8.
It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 25.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad