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2025 DAILYLAW 23800 (ALL)

AKHILESH GOEL v. STATE OF U.P. AND ANOTHER

NA528/6679/2025 · 2025-02-27

Vikas Budhwar

body2025

Judgment text

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Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6679 of 2025 Applicant :- Akhilesh Goel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurang Dwivedi,Raj Kumar Kesari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Counter affidavit along with Vakalatnama has been filed by Shri Ravi Prakash Pandey AOR No.1874/13 has been filed today is taken on record. 2. Heard Shri Raj Kumar Kesari and Shri Gaurang Dwivedi, learned counsel for the applicants and Sri S.K. Singh, learned AGA/State Law Officer for the State-respondent and Shri Ravi Prakash Pandey, learned counsel for opposite party no.2. 3.This application under Section 528 BNSS has been filed by the applicant to quash the impugned charge-sheet No.248 of 2023 dated 06.07.2023 as well as cognizance/ summoning order dated 10.07.2023 passed by Special Judge SC/ST Act, Meerut in S.T. No.1155 of 2023 (State vs. Akhilesh Goel) arising out of case crime no.0223 of 2023, under Sections 306, 504, 506 IPC, and 3 (2) 5 of SC/ST Act, P.S. Kankerkhera, District Meerut pending before the court of Special judge SC/ST Act, Meerut. 4. Learned counsel for the applicants submits that though the first information report to lodge against the applicant however, being FIR no.0223 of 2023 relatable to the commission of offences under Sections 306, 504, 506 IPC and 3 (2) 5 of SC/ST Act but the parties have entered through compromise on 07.11.2024 and the same has been filed before the court of Special Judge SC/ST Act, Meerut. A copy whereof is on record as annexure 16, reference whereof has been made in paragraph no.23 of the application. Learned counsel for the applicant submits that till varification is done, interim protection be accorded. 5. Learned AGA as well as Shri Ravi Prakash Dwivedi, learned counsel for opposite party no.2 on the other hand submits that he has no objection to the same. 6. Having regard to the submissions made by respective parties, the application stands disposed of directing the applicant to submit a self attested copy of the application along with certified copy of the order before the court below 12.03.2025. 7. On the receipt of the same, the court below shall undertake the process of compromise so filed by the parties and shall conclude the process for verification by 23.05.2025. 8. Till the verification process is concluded, no coercive action shall be taken against the applicant in pursuance of S.T. No.1155 of 2023 (State Vs. Akhilesh Goel), arising out of case crime no.0233 of 2023, under Sections306, 504, 506 IPC, and 3 (2) 5 of SC/ST Act, P.S. Kankerkhera, District Meerut, pending before the court of Special Judge SC/ST Act, Meerut. 9. The interim order shall only apply in those contingency where the conditions not violate any of the conditions of the order. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. 11. The court below shall also take into account the aspect of compensation which is to be returned back to the concerned District Social Welfare Officer, in case the compromise stands settled between the parties. Order Date :- 28.2.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad