NEERAJ ALIAS AVINASH KUMAR VARI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5460/2025 · 2025-02-27
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18414 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18414 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28699 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5460 of 2025 Applicant :- Neeraj Alias Avinash Kumar Vari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Dwivedi Counsel for Opposite Party :- G.A.,Vaibhav Gupta Hon'ble Vikas Budhwar,J.
1. Heard Shri Abhinav Dwivedi, learned counsel for the applicants and Sri S.P. Singh, learned State Law Officer for the State as well as Shri S.K. Tripathi (A/S 0755/12), advocate holding brief of Shri Vaibhav Gupta, 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 S.S.T. No. 888 of 2022 (State Vs. Neeraj and others), arising out of case crime no.291 of 2022, under Sections 323, 504 IPC and Section 3(1)(r) SC/ST Act, Police Station- Saurikh, District Kannauj, pending before the court of learned Special Judge SC/ST Act, Kannauj.
3. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 09.01.2025 (Annexure-5 at page 53) 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.
4. Learned AGA on the other hand submits that he has 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 Special Judge SC/ST Act, Kannauj while filing the compromise application and a self- attested copy of the present application and certified copy of the
order by 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 23.05.2025.
7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of S.S.T. No. 888 of 2022 (State Vs. Neeraj and others), arising out of case crime no.291 of 2022, under Sections 323, 504 IPC and Section 3(1)(r) SC/ST Act, Police Station- Saurikh, District Kannauj, pending before the court of learned Special Judge SC/ST Act, Kannauj.
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.
10. The issue of deposit of the compensation by the victim shall also be looked into.
11. The certified copy of the compromise be returned, subject to furnishing of the photocopy of the same.
Order Date :- 28.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad