AMIT KATARE AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/6300/2025 · 2025-02-26
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22751 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22751 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28048 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6300 of 2025 Applicant :- Amit Katare And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Tarun Jha, learned counsel for the applicants, who are two in number, Sri Ashok Kumar Kushwaha, learned A.G.A. for the State and Sri Sudhanshu Yadav, learned counsel for the opposite party no.2.
2. Learned counsel for the parties have made a joint statement that they do not propose to file any response and the application be decided on the basis of the document available on record.
3. With the statement of the counsel for the parties, the application is being decided at the fresh stage.
4. This is an application under Section 528 of B.N.S.S., wherein a relief has been sought for quashing the entire proceedings of Sessions Trial No.1335 of 2023, (State Vs. Amit Katare and others), arising out of Case Crime No.258 of 2023, under Sections 341, 323, 504, 506 I.P.C. and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act'), Police Station Mauranipur, District Jhansi, pending in the Court of learned Special Judge, SC/ST Act, Jhansi.
5. Learned counsel for the applicants submits that though a first information report was lodged by the opposite party no.2 under Sections 341, 323, 504, 506 I.P.C. and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, however, the parties have entered into compromised out of court on 06.01.2025, a copy of which is already on record as Annexure-4 of the paper book reference whereof has been given in paragraph 12 of the application.
Learned counsel for the applicants submits that the compromise application shall be filed before the court below and in the meantime, till verification is done, interim protection be accorded.
6. Learned A.G.A. as well as learned counsel for the opposite party no.2 has no objection to the same.
7. Considering the said submission so extended by the counsel for the parties, the application stands disposed of directing the applicants (the parties) to appear before the court of learned Special Judge, SC/ST Act, Jhansi on 10.03.2025 along with a self attested copy of the present application, certified copy of this order and also compromise application. On the receipt of the same, the court below shall make endeavour to conclude the proceedings for verification by 23.05.2025.
8. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Case Crime No.258 of 2023, under Sections 341, 323, 504, 506 I.P.C. and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Mauranipur, District 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. Post outcome of the compromise, the parties are free to take legal recourse.
9. The issue of deposit of the compensation by the victim shall also be looked into.
Order Date :- 27.2.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad