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2025 DAILYLAW 23316 (ALL)

PAWAN KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6311/2025 · 2025-03-05

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32304 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6311 of 2025 Applicant :- Pawan Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vishveshwar Mani Tripathi (AOR A/V 0595/2020) holding brief of Sri Vikas Yadav, learned counsel for the applicants as well as Sri Sudhir Kumar Chandraul, learned AGA for the State . 2. Learned counsel for the applicants has submitted that a first information report stood lodged by the opposite party No. 2 against the applicants being No. 0256 of 2021 on 25.12.2021, under Sections 323, 504, 506, 308 I.P.C. Learned counsel for the applicants has invited attention towards Annexure 9 at page 96 of the paper book reference whereof has been made at para 15 that the parties have entered into compromise on 29.03.2024 and they have submitted the compromise report before the CJM, Basti. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 3. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same. 4. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 20.03.2025 along with the self attested copy of the present application, certified copy of the order. 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. 5. 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 Criminal Case No. 2412 of 2022 State Vs. Pawan Kumar and others), under Sections 323, 504, 506, 308 IPC, Police Station Nagar, District Basti including congizance/summoning order dated 28.03.2022, pending in the Court of learned Chief Judicial Magistrate, Basti. 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 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad