Extracted from the PDF above. The PDF is authoritative.
Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4579 of 2025 Applicant :- Sanjay And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Girijesh Kumar Gupta, learned counsel for the applicants, Shri R.K. Ojha, learned Law Officer for the State- respondent and Shri , learned counsel for opposite party Nos. 2.
2. This application under Section 528 BNSS has been filed by the applicant to quash the impugned charge-sheet dated 9-7-2011 & non bailable warrant dated 9-7-2024 in F.I.R dated 27-6-2011 in case crime no 158/2011 under section 323, 324, 325, 504, 506 I.P.C Police Station - Dhaulana, District- Ghaziabad (now Hapur), in criminal case no 7071/2015 (now 809/2021) State Vs Sanjay and others pending before the court of Civil Judge (junior Division) II, Hapur.
3. Learned counsel for the applicants submits that though an FIR stood lodged against the applicants purportedly under Sections 323, 324, 325, 504, 506 IPC, however, learned counsel for the applicants submits that the parties have themselves compromised on 21.03.2024, copy whereof is already on record as Annexure-3 at page 23 onwards reference whereof has been made in paragraph No. 7 of the application and the said compromise application has been filed before the court below reference whereof has been made in paragraph No.8 and the same is at Annexure- 4, page No.27
(now renumbered as page No.809/2021). He submits that till the verification is done, interim protection be accorded.
4. Learned State Law Officer has no objection to the same.
5. Considering the submissions of the parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below along with a self-attested copy of the present application as well as certified copy of this
order by the week commencing 10.03.2025.
6. 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 26.05.2025.
7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 7071/2015 (now 809/2021), State Vs Sanjay and others, arising out of Case Crime No. 158/2011 under Sections 323, 324, 325, 504, 506 IPC, Police Station- Dhaulana, District- Ghaziabad.
8. The interim protection so accorded to the applicants shall be available subject to fulfillment of all the terms and conditions as contained in the order and also adhering to the guidelines. In the event of default of any of the conditions by the applicant 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 :- 24.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad