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2025 DAILYLAW 21525 (ALL)

VISHNU KUMAR RAIKWAR v. STATE OF U.P. AND ANOTHER

NA528/5776/2025 · 2025-04-02

Vikas Budhwar

body2025

Judgment text

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Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5776 of 2025 Applicant :- Vishnu Kumar Raikwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Counter affidavit along with Vakalatnama filed by Sri Sumit Kumar, learned counsel for opposite party no.2 are taken on record. 2. Heard Sri Yatish Kumar Dwivedi, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Sumit Kumar, learned counsel for opposite party no.2. 2. This is an application U/s 528 BNSS has been filed for quashing the proceeding of complaint case no. 146 of 2022 (Smt. Doli vs. Vishnu Kumar Raikwar) U/s 498A IPC and Section 3/4 D.P. Act, P.S. Kotwali Orai, District Jalaun along with impugned summoning order dated 27.01.2023 pending before the Civil Judge (J.D.)/ FTC (Crime Against Women) Jalaun at Orai. 3. Learned counsel for the applicant submits that though a complaint stood lodged against the applicant by opposite party no. 2 being complaint case no. 146 of 2022 U/s 498A IPC and Section 3/4 D.P. Act, P.S. Kotwali Orai, District Jalaun and the applicant was summoned, however, the parties of late have entered into a compromise out of the Court on 19.12.2024, a copy whereof is annexed as Annexure-4 at page 41 of the paper book, reference whereof has been made in paragraph no.9. Learned counsel for the applicant submits that till verification is done by the court below, protection be accorded to the applicant. 5. Learned AGA as well as learned counsel for opposite party no.2, has not dispute the factum that the parties have entered into compromise. 6. Considering the said submission so made across the bar, the application stands disposed of directing the applicant to appear before the court below by 18.04.2025 along with the self attested copy of the present application, counter affidavit as well as certified copy of the order and original copy of the complaint. 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 within one month thereafter. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in proceeding of complaint case no. 146 of 2022 (Smt. Doli vs. Vishnu Kumar Raikwar) U/s 498A IPC and Section 3/4 D.P. Act, P.S. Kotwali Orai, District Jalaun along with impugned summoning order dated 27.01.2023 pending before the Civil Judge (J.D.)/ FTC (Crime Against Women) Jalaun at Orai. 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. 8. The original copy of the compromise be returned, subject to furnishing of the photocopy of the same. Order Date :- 3.4.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad