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Neutral Citation No. - 2025:AHC:33671 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6598 of 2025 Applicant :- Aasif And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tawvab Ahmed Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed by Sri S.K. Anwar (AOR No.A/S 1834/12), Advocate on behalf of opposite party no.2 is taken on record.
2. Heard Sri T.A. Khan, learned counsel for the applicant as well as Sri Moti Lal, learned AGA for the State and Sri S.K. Anwar,
learned counsel for opposite party no.2. 3. This is an application under Section 528 of BNSS filed for quashing the charge sheet No.228 of 2024 dated 10.08.2024 in Criminal Case No. 17318 of 2024 (State vs. Aasi and Ors) arising out of case crime no.124 of 2024, under Sections 147, 323, 504, 506 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.124 of 2024 stood lodged 04.04.2024 under Sections 147, 323, 504, 506, 325 IPC by the opposite party. However, the parries have entered into compromise on 02.01.2025. A copy is appended as annexure-6 at page-98 of the paper book and while inviting attention towards page-104 of the paper book, it is contended that the court below has also noted the factum of submission of compromise application in the order sheet dated 08.01.2025 reference whereof has been made in paragraph no.13 of the application. 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.228 of 2024 dated 10.08.2024 in Criminal Case No. 17318 of 2024 (State vs. Aasi and Ors) arising out of case crime no.124 of 2024, under Sections 147, 323, 504, 506, 325 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