ZAMEER AHMAD ALIAS ZAMEER AHMAD KHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/4329/2025 · 2025-02-19
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17989 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:25149 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4329 of 2025 Applicant :- Zameer Ahmad Alias Zameer Ahmad Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajat Agarwal,Virpratap Singh Counsel for Opposite Party :- Brij Raj Singh,G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Rajat Agarwal, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA Officer for the State- respondent as well as Shri Giriraj Singh, counsel for opposite party no. 2. 2. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Case No. 302 of 2023 (State Vs. Zameer Ahmad Khan), arising out of case crime no. 0287 of 2023, under Sections 323, 324 IPC, District Rampur, pending before the court of learned Additional Civil Judge (Senior Division)-2, Rampur. 3. Learned counsel for the applicants submits that the FIR stood lodged under Section 323 IPC, however, the parties have themselves compromised out of the Court on 21.12.2024 (Annexure-8 at page 56) and onwards reference whereof has been made in paragraph no. 15 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. 4. Learned AGA as well as Shri Giriraj Singh, counsel for opposite party no. 2 on the other hand submits that they have no objection
to the same. 5. 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 Civil Judge (Senior Division)-2, Rampur while filing the compromise application and a self-attested copy of the present application by
06.03.2025. 6. On the receipt of the same, the court below shall undertake the proceedings, the compromise so filed by the parties and shall conclude the process for verification by 22.05.2025. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 302 of 2023 (State Vs. Zameer Ahmad Khan), arising out of case crime no. 0287 of 2023, under Sections 323, 324 IPC District Rampur, pending before the court of learned Additional Civil Judge (Senior Division)-2, Rampur. 8.
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. 9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 20.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad