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2025 DAILYLAW 18426 (ALL)

JAYANTI PRASHAD SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6083/2025 · 2025-03-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36419 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6083 of 2025 Applicant :- Jayanti Prashad Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Short counter affidavit filed by Sri Jai Prakash Pandey on behal of opposite party No. 2 is taken on record. 2. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicants as well as Sri Jyoti Singh, learned AGA for the State and Sri Jay Prakash Pandey for the opposite party No. 2. 3. Learned counsel for the applicants has submitted that a complaint stood lodged by the opposite party No. 2 against the applicants under Sections 406, 452, 323, 504, 506 I.P.C. Learned counsel for the applicants has invited attention towards Annexure 8 at page 37 onwards book reference whereof has been made in para 13 that the parties have entered into compromise on 21.01.2025 out of Court. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA as well as the counsel appearing for the opposite party No. 2 does not dispute the said fact, however, according to him, as per the short counter affidavit filed today the compromise stood entered into between the parties reference has been made in para 3 of the short counter affidavit. 5. Considering the said submission, the application stands disposed of directing the applicants (parties) to appear before the court below on 04.03.2025 along with the self attested copy of the present application, certified copy of the order and the original compromise application. 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. 6. 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 Criminal Case No. 1559 of 2013 (Smt. Sashi Sharma Vs. Avnish Sharma and others), under Sections 406, 452, 323, 504, 506 IPC, Police Station Kotwali, District Etah. 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 :- 12.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad