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2025 DAILYLAW 19611 (ALL)

AYUB AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5548/2025 · 2025-03-09

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34404 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5548 of 2025 Applicant :- Ayub And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed on behalf of opposite party No. 2 by Sri Anil Kumar, (AOR No.A/A-0426/23) is taken on record. 2. Heard Sri Rajesh Yadav, learned counsel for the applicants, who are three in number, as well as Sri Bhuval Vishwakarma, learned AGA for the State and Sri Anil Kumar for the opposite party No. 2. 3.This is an application under Section 528 CrPC preferred by the applicants for quashing the entire proceedings initiated against the applicants including the impugned Summoning order dated 20.07.2020 in Session Trial No. 668/2020, under Sections 323, 504 I.P.C. and 3(1)(r)(s), 3(2)(va), SC/ST Act, Police Station Kanth, District Moradabad, arising out of Case Crime No.62 of 2020 (State vs. Ayub and others) pending in the court of Special Judge, S.C./S.T. Act, Moradabad. 3. Learned counsel for the applicants has submitted that a first information report stood lodged by the opposite party No. 2 against the applicants being No. 0062 of 2020 on 4.4.2020 under Sections 323, 504 I.P.C. and 3(1)(da),3(1)(dha), 3(2)(va) SC/ST Act. Learned counsel for the applicant has invited attention towards Annexure 5 at page 46 and onwards of the paper book reference whereof has been made at para 8 that the parties have entered into compromise on 24.8.2024 and submitted before court below. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned A.G.A. as well as Sri Anil Kumar, learned counsel for O.P. No. 2 have no objection to the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 27.03.2025 along with the self attested copy of the present application and certified copy of the order. 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 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 Session Trial No. 668/2020, under Sections 323, 504 I.P.C. and 3(1)(r)(s), 3(2)(va), SC/ST Act, Police Station Kanth, District Moradabad, arising out of Case Crime No.62 of 2020 (State vs. Ayub and others) pending in the court of Special Judge, S.C./S.T. Act. 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. 7. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. 8. The question of refund/deposit of compensation to victim/informant/complainant which was received be also dealt with while getting report from District Social Welfare Officer. Order Date :- 10.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad