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2025 DAILYLAW 18079 (ALL)

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

NA528/4567/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30895 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4567 of 2025 Applicant :- Neeraj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Raj Raj Pandey, 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. 25 of 2013 (Session Trial No. 392 of 2014) arising out of Case Crime No. 302A of 2012, under Sections 325, 324, 323, 506 IPC as well as charge sheet No. 201 of 2012 (dated 13.12.2012), P.S. Ramala, District Baghpat (State Vs. Neeraj and others). 4. Learned counsel for the applicant submits that though a first information report stood lodged on 17.11.2022, under Section 452, 324, 323, 508 IPC, however, the parties have compromised and submitted the compromise application before the Court of ADJ, Baghpat in Sessions Trial No 392 of 2014 on 16.07.2024 Annexure-4 at page 27 of the paper book reference whereof has been made in para 11 of the application. 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 20.03.2025 along with the self attested copy of the present application, certified copy of the order. 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. 25 of 2013 (Session Trial No. 392 of 2014) arising out of Case Crime No. 302A of 2012, under Sections 325, 324, 323, 506 IPC as well as charge sheet No. 201 of 2012 (dated 13.12.2012), P.S. Ramala, District Baghpat (State Vs. Neeraj and others). 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. Order Date :- 4.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad