UTTARA SINGH AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4866/2025 · 2025-02-26
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18746 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28037 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4866 of 2025 Applicant :- Uttara Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Short counter affidavit/Consent affidavit along with Vakalatnama on behalf of the opposite party No. 2 filed by Sri Sudhanshu, are taken on record.
2. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicants as well as Sri Muniraj Mehrotra, learned AGA for the State and Sri Sudhanshu for opposite party No. 2.
3. A joint statement has been made by learned counsel for the parties that they do not propose to file any affidavit and the application be decided on the basis of the documents available on record. With the consent of the parties, the application be decided at the fresh stage.
4. This is an application under Section 528 of the BNSS filed for quashing the impugned summoning order dated 21.12.2020, impugned charge sheet dated 06.05.2019 as well as entire criminal proceedings of Special Sessions Trial No. 231 of 2020 (State Vs. Uttara Singh and others) arising out of Case Crime No. 52 of 2019 under Sections 147, 148, 457, 380, 354-B, 323, 504, 506, 448 IPC read with Section 3(2)Va of SC/ST Act, P.S. Khiri, District Prayagraj, pending in the Court of Special Judge, SC/ST (Prevention of Atrocities) Act, Allahabad.
5. Learned counsel for the applicant submits that a first information report stood lodged against the applicant No. 1 by the opposite party No. 2 under Section 147, 148, 457, 380, 354-B, 323, 504, 506, 448 IPC and Section 3(2)Va of the SC/ST (Prevention of Atrocities) Act, however, the parties have entered into compromise on 15.01.2015 and the same has been submitted before the court below document whereof is annexure-7 at page 52 onwards reference whereof has been made in para 18. Learned counsel for the applicants submits that direction be issued for
verification and in the meantime interim protection be accorded.
6. 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.
7. Considering the said submission, the application stands
disposed of directing the applicants to appear before the court below in the week commencing 10.03.2025 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 applicants by 23.05.2025.
8. 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 Special Sessions Trial No. 231 of 2020 (State Vs. Uttara Singh and others), pending in the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Act, Allahabad. 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. The issue of deposit of the compensation by the victim shall also be looked into.
Order Date :- 27.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad