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Neutral Citation No. - 2025:AHC:33670 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6664 of 2025 Applicant :- Jabbar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Khursheed Anwar Alvi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed by Sri T.A. Khan (AOR No. A/T0039/12) Advocate on behalf of opposite party no.2 is taken on record.
2. Heard Sri S.K. Anwar, learned counsel for the applicants as well as Sri Moti Lal, learned AGA for the State and Mr. T.A. Khan,
learned counsel for opposite party no.2.
3. This is an application under Section 528 of BNSS filed for quashing the charge sheet No.227 of 2024 dated 09.08.2024 in Criminal Case No. 17320 of 2024 (State vs. Jabbar and Ors) arising out of case crime no.118 of 2024, under Sections 147, 148, 323, 308, 504, 506, 427, 452 IPC P.S. Kithaur, District Meerut pending in the Court of Judicial Magistrate, court no.3 Meerut.
4. Learned counsel for the applicant submits that though the first information report no.118 of 2024 stood lodged 30.03.2024 under Sections 147, 148, 323, 308, 504, 506, 427, 452 IPC by the opposite party. However, the parries have entered into compromise. A copy is appended as annexure-7 at page-104 of the paper book on 02.01.2025 reference has been made in para 12 of the applicant and the same stood filed before the court on 08.01.2025 as apparent from page 108 of the paper book. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded.
5. Learned AGA as well as the counsel appearing for opposite party no.2 does not dispute the said factum.
6. 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 and 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.
7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in charge sheet No.227 of 2024 dated 09.08.2024 in Criminal Case No. 17320 of 2024 (State vs. Jabbar and Ors) arising out of case crime no.118 of 2024, under Sections 147, 148, 323, 308, 504, 506, 427, 452 IPC P.S. Kithaur, District Meerut pending in the Court of Judicial Magistrate, court no.3 Meerut. 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 :- 7.3.2025 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