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2025 DAILYLAW 21378 (ALL)

BRAJENDRA TIWARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/5686/2025 · 2025-03-02

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29920 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5686 of 2025 Applicant :- Brajendra Tiwari And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. A short counter affidavit has been filed by Sri Yogesh Kumar Tiwari, learned AGA for the State is taken on record. 2. Heard M.K. Tiwari, learned counsel for the applicants, Sri Sudhir Kumar Chandraul for the State and Sri Yogesh Kumar Tiwari, learned counsel for O.P. No. 2. 3. This application has been preferred for quashing of the Charge Sheet dated 15.08.2020, cognizance/summoning order dated 08.10.2020 as well as the entire proceeding of Special Sessions Trial No.614 of 2020 (State vs. Brajendra Tiwari and Ors) in Case Crime No. 296 of 2020 against applicant no.1, under Section 504, 506, 354A IPC & Section 11/12 of POCSO Act and Section 3(2) (va) of SC/ST Act against applicant no.2 under section 323, 504, 506 IPC & Section 3(1)Dha of SC/ST Act, P.S. Mauranipur, District- Jhansi pending in the Court of Special Judge, POCSO Act, Jhansi. 4. Learned counsel for the applicant has submitted that though the first information report has been lodged under sections 323, 504, 506, 354 (Ka) of IPC and Section 3(2)(5) of SC/ST Act and Section 11 of POCSO Act on 16.07.2020 but the parties have entered into compromise, a copy whereof is appended as Annexure 7 at page 90 of the paper-book, on 29.1.2025 reference whereof in para-16 of the affidavit. 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 applicant shall appear before the court below along with the self-attested copy of the application under Section 528 of BNSS and the certified copy of the order along with the original copy of compromise application dated 17.03.2025, on which date, the court below shall put to notice the O.P. no.2 and thereafter fix a date in the fourth week of March, 2025 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 the aforesaid case crime No. 296 of 2020, under Sections 504, 506, 354A IPC, and Section 11/12 of POCSO Act and Section 3(2)(va) of SC/ST Act against applicant no.2 under section 323, 504, 506 IPC and Section 3(1)Dha of SC/ST Act, P.S. Mauranipur, District- Jhansi pending in the Court of Special Judge, POCSO Act, Jhansi. 9. 8. The issue of return/ deposit of the compensation from District Social Welfare Officer through District Magistrate shall also be looked into. 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. 11. The original copy of the compromise be returned, subject to furnishing of the photocopy of the same. Order Date :- 3.3.2025 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