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2025 DAILYLAW 18451 (ALL)

MOHAMMAD UMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/4486/2025 · 2025-02-16

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:22863 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4486 of 2025 Applicant :- Mohammad Umar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed on behalf of opposite party No. 2 is taken on record. 2. Heard Sri Mohammad Wasim, learned counsel for the applicant as well as Sri B.S. Kushwaha, learned AGA for the State and Sri Rajesh Kumar Verma for the opposite party No. 2. 3. This is an application under Section 528 of BNSS has been filed for quashing the entire proceedings as well as charge sheet dated 20.05.2009 as well as cognizance/summoning order dated 25.08.2009 passed by Judicial Magistrate, Baheri, Bareilly on the basis of compromise in Sessions Trial No. 528 of 2012 (State Vs. Mohd. Umar & others) arising out of Case Crime No. 1872 of 2008, under Section 307, 506 I.P.C. & Section 3(2)5 SC/ST Act, Police Station- Baheri District Bareilly pending in the court of Special Judge, SC/ST Act Distrit Bareilly 4. Learned counsel for the applicant submits that the parties have entered into compromise out of Court on 23.01.2025 copy whereof is already on record Annexure 6 at page 61 of the paper book reference whereof has been given in para 13. Learned counsel for the applicant that the applicant be given permission to submit the compromise application before the court below and till the interregnum period 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 28.02.2025 along with the self attested copy of the present 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 applicant by 20.05.2025. 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 Sessions Trial No. 528 of 2012 (State Vs. Mohd. Umar & others) arising out of Case Crime No. 1872 of 2008, under Section 307, 506 I.P.C. & Section 3(2)5 SC/ST Act, Police Station- Baheri District Bareilly pending in the court of Special Judge, SC/ST Act Distrit Bareilly. 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 :- 17.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad