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2025 DAILYLAW 21662 (ALL)

RAM MILAN PARIHAR ALIAS MILAN SINGH v. STATE OF U.P. AND ANOTHER

NA528/6238/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30511 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6238 of 2025 Applicant :- Ram Milan Parihar Alias Milan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Pandey,Chandrakant Kumar Singh Counsel for Opposite Party :- Abhishek Narayan,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Chandrakant Kumar Singh, learned counsel for the applicant and Sri Muniraj Mehrotra, learned AGA for the State- respondent. 2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the entire proceedings of Session Trial No. 1043 of 2022, (State Vs. Ram Milan Parihar), arising out of case crime no. 91 of 2022, under Sections 354 (ka), 504, 506 IPC & Section 3(2)(Va) of the S.C./S/T/ Act, Police Station- Gursarai, District Jhansi, pending before the court of learned Special Judge, S.C./S.T. Act Jhansi. 3. Learned counsel for the applicant submits that a first information report stood lodged under Sections 354 (ka), 504, 506 IPC & Section 3(2)(Va) of the S.C.S.T of the 1989 Act being FIR No.0091 against the applicant by the opposite party no.2. 4. Learned counsel for the applicant further submits that the parties have themselves compromised out of the Court on 24.1.2025 (Annexure-4 at page 54) and onwards reference whereof has been made in paragraph no. 10 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the said submission, the application stands disposed of directing the applicant to appear before the court below on 18.03.2025 along with the copy of original compromise affidavit and attested copy of the present 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 applicant by 23.05.2025. 7. 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 Trial No. 1043 of 2022, (State Vs. Ram Milan Parihar), arising out of case crime no. 91 of 2022, under Sections 354 (ka), 504, 506 IPC & Section 3(2)(Va) of the S.C./S/T/ Act, Police Station- Gursarai, District Jhansi. The protection accorded to the applicant 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 true copy of the compromise application be returned subject to filing of the photocopy of the same. 9. The aspect of payment of compensation to the victim/complainant/informant shall also be taken into account while obtaining a report from District Welfare Officer/District Magistrate. Order Date :- 4.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad