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2025 DAILYLAW 22899 (ALL)

BRIJMOHAN @ BABU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6287/2025 · 2025-05-14

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79801 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6287 of 2025 Applicant :- Brijmohan @ Babu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.,Shailesh Kumar Yadav Hon'ble Vikas Budhwar,J. 1. Heard Sri Ram Jatan Yadav, learned counsel for the applicants, Sri Moti Lal, learned A.G.A. for the State as well as Sri Shailesh Kumar Yadav for O.P. No.2. 2. This is an application u/s 528 of BNSS preferred by the applicants for quashing the summoning order dated 22.03.2024 passed by Judicial Magistrate, Court No.02, Agra in Complaint Case No. 21454 of 2023 (Arti Vs. Brijmohan @ Babu and others) Under Sections 498A, 323, 504, 506, 354 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Mantola, District Agra, pending before the Court of Additional Chief Judicial Magistrate- 03, Agra. 3. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceedings, the parties have entered into a compromise on 28.02.2025 and filed the same before the court of Judicial Magistrate-III, a copy whereof is Annexure-SA1 at page-6 onwards, reference whereof has been made in paragrah- 3. Learned counsel for the applicant submits that till verification is concluded, protection be accorded to the applicants. 4. Learned A.G.A. as well as counsel for O.P. No.2 do not dispute the same. 5. Considering the submissions so made across the Bar, the application stands disposed of directing the applicants (parties) to submit the self-attested copy of the present application under Section 528 of BNSS and supplementary affidavit and the certified copy of the order passed today before the court below 25.05.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition after fixing a date, in accordance with law. The verification process be completed within a period of three months. 6. Till verification proceeding is completed, no coercive action shall be taken against the applicants in the proceedings including the summoning order dated 22.03.2024 passed by Judicial Magistrate, Court No.02, Agra in Complaint Case No. 21454 of 2023 (Arti Vs. Brijmohan @ Babu and others) Under Sections 498A, 323, 504, 506, 354 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Mantola, District Agra, pending before the Court of Additional Chief Judicial Magistrate-03, Agra. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein. 7. In case of default, 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. Order Date :- 15.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad