Neutral Citation No. - 2025:AHC:32976 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6424 of 2025 Applicant :- Rajesh Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama and a short counter affidavit filed by Sri Shubham Kumar (AOR No.A/S1838/22) is taken on record. 2. Heard Sri Ullas Pandey, holding brief of Sri Ashish Goyal, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State and Sri Shubham, learned counsel for opposite party no.2. 2. This is an application under Section 528 of BNSS filed for quashing the cognizance order dated 17.12.2021 passed by Chief Judicial Magistrate, Auraiya in Case No. 9378 of 2021 (State vs. Rajesh Tiwari and Ors) and the impugned charge sheet dated 13.11.2021 submitted in case crime no.452 of 2021, under Sections 308, 406, 323, 504 IPC P.S. Dibiyapur District Auraiya pending in the Court of Additional Chief Judicial Magistrate/ FTC, Auraiya. 3. Learned counsel for the applicant submits that though the first information report no. 0452 stood lodged 25.08.2021 under Sections 147, 406, 323, 504 IPC by the opposite party but the parties have entered into compromise as annexure-7 at page-71 of the paper book on 06.01.2025 out of the court reference whereof has been made in para-16 of the affidavit.. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA, has no objection to the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 21.03.2025 along with the self attested copy of the present application, certified copy of the order and original copy of compromise 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 applicants by 23.05.2025. 6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in cognizance order dated 17.12.2021 passed by Chief Judicial Magistrate, Auraiya in Case No. 9378 of 2021 (State vs. Rajesh Tiwari and Ors) and the impugned charge sheet dated 13.11.2021 submitted in case crime no.452 of 2021, under Sections 308, 406, 323, 504 IPC P.S. Dibiyapur District Auraiya pending in the Court of Additional Chief Judicial Magistrate/ FTC, Auraiya. 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. Order Date :- 6.3.2025 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 Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad