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2025 DAILYLAW 20921 (ALL)

DEVENDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/12229/2021 · 2025-03-05

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33099 Court No. - 74 Case :- APPLICATION U/S 482 No. - 12229 of 2021 Applicant :- Devendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Ankit Kapoor (AOR No.A/A0908/12) on behalf of opposite party no.2 is taken on record. 2. Heard Ullas Pandey (AOR No. 1467/23) holding brief of Sri Ashish Goyal, learned counsel for the applicants, Sri Moti Lal, learned AGA for the State and Sri Ankit Kapoor, learned counsel for O.P. No. 2. 3. This application has been preferred for quashing the entire criminal proceedings of Case No.141 of 2020 (State vs. Devendra and Ors) arising out of case crime no. 18 of 2020 under Sections 323, 324,504, 506 IPC & Section 3(1)(da), 3(1)(Dha), 3(2)(V) (Ka) of SC/ST Act P.S. Mansukhpura, District- Agra pending in the Court of Additional District Judge/ Special Judge, SC/ST Act, Agra. 4. Learned counsel for the applicant has submitted that though the first information report stood lodged on 30.04.2020 against applicants purported to under sections 323, 324,504, 506 IPC & Section 3(1)(da), 3(1)(Dha), 3(2)(V)(Ka) of SC/ST Act. However the parties have entered into compromise and they have filed the same before the court of Special Judge, SC/ST Act, Agra in SST No. 141 of 2020. A copy whereof is appended as Annexure 6 at page 32A onwards, reference whereof has been made in para-11 on 20.10.2020 which has been filed before the court below. He further submits that now, the compromise needs to be verified and in the interregnum period, protection be accorded to the applicants till then interim protection be accorded. 5. Learned A.G.A. as well as counsel for O.P. Nos. 2 have no objection and submit that let an appropriate direction be issued to the court below to verify the compromise. 6. Considering the submissions of the parties, it is hereby provided that the applicants shall appear before the court below along with the self-attested copy of the application under Section 482 Cr.P.C. and the certified copy of the order by 27.03.2025, on which date, the court below shall put to notice the O.P. no.2 and thereafter fix a date for the verification and the same be done by 23.05.2025. 7. In view of aforesaid, the application stands disposed of. 8. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in pursuance of Case No.141 of 2020 (State vs. Devendra and Ors) arising out of case crime no. 18 of 2020 under Sections 323, 324,504, 506 IPC & Section 3(1) (da), 3(1)(Dha), 3(2)(V)(Ka) of SC/ST Act P.S. Mansukhpura, District- Agra pending in the Court of Additional District Judge/ Special Judge, SC/ST Act, Agra. 9. The issue with regard to deposit of compensation by the victim/ informant/ complainant shall also be dealt after obtaining the report from concerned District Social Welfare Officer through District Magistrate. 10. 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 applicants will be free to approach this Court again. Order Date :- 6.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad