NITIN PASWAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/2194/2025 · 2025-02-06
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189668 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189668 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:19181 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2194 of 2025 Applicant :- Nitin Paswan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.,Prakash Sharma Hon'ble Vikas Budhwar,J.
1. Heard Sri Chandra Prakash Mishra, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State and Shri Sri Prakash Sharma for the opposite party No. 2.
2. Learned counsel for the applicants has submitted that a first information report stood lodged by the opposite party No. 2 against the applicants and one other being No. 0539 of 2024 on 20.09.2024 under Section 110 of B.N.S., 2023 Learned counsel for the applicants submits that the compromise has been entered into between the parties on 04.11.2024 out of the Court, Annexure 4 at page 45 reference whereof has been made in paragraph 11 of the paper book. Learned counsel for the applicants submits that since a compromise has already been filed before the Court of Additional Chief Judicial Magistrate-I, Gorakhpur in Case Crime No. 539 of 2024, thus, direction be issued for verification and in the meantime interim protection be accorded.
3. 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.
4. Considering the said submission, the application stands
disposed of directing the applicants to appear before the court below on 24.02.2025 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, verification be done by
16.04.2025.
5. 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 Charge sheet dated 17.10.2024 and cognizance/summoning order dated 04.12.2024 as well as the
entire proceedings arising out of Case Crime No. 539 of 2024, under Section 110 of B.N.S., Police Station Khorabar, District Gorakhpu in pursuance of compromise dated 04.11.2024, pending before the Additional Chief Judicial Magistrate-I, Gorakhpur. 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.
Order Date :- 7.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad