SAFI JAAN AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/4741/2025 · 2025-02-24
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19152 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19152 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:26608 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4741 of 2025 Applicant :- Safi Jaan And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Devesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Sessions Trial No. 1533 of 2023 as well as Criminal Case No. 28508 of 2023 (State of U.P. Vs. Shafi Jaan and others), arising out of case crime no. 06 of 2023, under Sections 323, 504, 308, 34 IPC, Police Station- Sonakpur, District Moradabad as well as impugned cognizance
order dated 30.06.2023, pending before the court of learned Additional Chief Judicial Magistrate, Court no. 1, Moradabad.
2. It is submitted that an FIR stood lodged on 31.01.2023 by opposite party no. 2 against the applicants who are four in number along with two un-named accused under Sections 323, 504, 308, 147 IPC, FIR No. 0006 of 2023, however, the parties have themselves compromised out of the Court on 06.01.2025 (Annexure-7 at page 108) and onwards reference whereof has been made in paragraph no.23 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.
3. Learned AGA on the other hand submits that he has no objection to the same.
4. 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 Additional Chief Judicial Magistrate, Court no. 1, Moradabad while filing the compromise application and a self-attested copy of the present application and certified copy of the order by 10.03.2025.
5. 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.
6. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Sessions Trial No. 1533 of 2023 as well as Criminal Case No. 28508 of 2023 (State of U.P. Vs. Shafi Jaan and others), arising out of case crime no. 06 of 2023, under Sections 323, 504, 308, 34 IPC, Police Station- Sonakpur, District Moradabad as well as impugned cognizance order dated 30.06.2023, pending before the court of learned Additional Chief Judicial Magistrate, Court no. 1, Moradabad.
7. 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.
8. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.
Order Date :- 25.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad