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Neutral Citation No. - 2025:AHC:32084 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6051 of 2025 Applicant :- Nepal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar,Sankalp Pratap Singh Counsel for Opposite Party :- Ashutosh Tripathi,G.A. Hon'ble Vikas Budhwar,J.
1. Counter affidavit along with Vakalatnama filed by Sri Ashutosh Tripathi (AOR No.A/A0638/20) filed today is taken on record. 2. Heard Sri Narendra Kumar, learned counsel for the applicant as well as Sri Sudhir Kumar Chandraul, learned AGA for the State and Sri Ashutosh Tripathi, learned counsel for opposite party no.2. 2. This is an application under Section 528 of BNSS filed for quashing the entire proceedings of Session Case No.138 of 2022 (State of U.P. vs. Nepal Singh) arising out of case crime no.077 of 2021, under Sections 323, 504 IPC and 3(2)5 Ka of SC/ST Act, P.S. Katera, District Jhansi pending in the Court of Special Judge of SC/ST Act, Jhansi. 3. Learned counsel for the applicant submits that though the first information report no. 0077 of 2021 stood lodged 04.09.2021 under Sections 323, 504, IPC and 3(2)5 Ka of SC/ST Act by the opposite party but the parries have entered into compromise out of the court on 30.11.2024, a copy whereof is appended as annexure- 5 at page-64 onwards reference whereof has been made in paragraph no.10 of the application. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA, has no objection to the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 17.03.2025 along with the self attested copy of the present application, certified copy of the order and original copy of compromise 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. 6.
Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicant in the proceedings of Session Case No.138 of 2022 (State of U.P. vs. Nepal Singh) arising out of case crime no.077 of 2021, under Sections 323, 504 IPC and 3(2)5 Ka of SC/ST Act, P.S. Katera, District Jhansi pending in the Court of Special Judge of SC/ST Act, Jhansi. 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. 8. The question of payment of deposit of compensation by the first informant/ victim/ complainant shall also be taken into
consideration after obtaining report from the concerned District Social Welfare Officer.
9. True copy of the compromise application be returned subject to furnishing of the photocopy.
Order Date :- 5.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad