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2025 DAILYLAW 24214 (ALL)

HABEEB KHAN AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/6770/2025 · 2025-03-09

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34714 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6770 of 2025 Applicant :- Habeeb Khan And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Singh Hon'ble Vikas Budhwar,J. 1. Heard Sri Manish Kumar Singh , learned counsel for the applicants as well as Sri J.P. Gupta , learned AGA for the State and Sri Santosh Kumar Singh for the opposite party No. 2. 2. A joint statement has been made by learned counsel for the parties that they do not propose to file any affidavit and the application be decided on the basis of the documents available on record. With the consent of the parties, the application be decided at the fresh stage. 3. This is an application under Section 528 of the BNSS filed for quashing the proceedings of Sessions Trial No. 02/2025 (State Vs. Habeeb Khan and others), arising out of Case Crime No. 104/2024, under Sections 110, 115(2), 352 of BNS read with Section 3(2)(5-A) of SC/ST Act, P.S. Rendhar, District Jalaun, pending in the Court of Judge/Special Judge, SC/ST Act, Jalaun at Orai. 4. Learned counsel for the applicants submits that though a first information report stood lodged on 22.10.2024 being No. 0104 of 2024, under Sections 115(2), 352 of BNSS read with Sections 3(1) (da), 3(1)(dha) of the SC/ST Act against the applicants, however, off late parties have entered into compromise out of Court, a copy whereof is Annexed as Annexure-5 at page 52 out of Court on 07.02.2025 reference whereof has been give in para 11 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, on the other hand, submits that once as per the applicants, compromise application has already been entered then the direction be issued for verification of the same. 6. Considering the said submission, the application stands disposed of directing the applicants to appear before the Court of Special Judge, SC/ST, Jalaun at Orai by 27.03.2025 along with the self attested copy of the present application, certified copy of the order and original 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. 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 the proceedings of Sessions Trial No. 02/2025 (State Vs. Habeeb Khan and others), arising out of Case Crime No. 104/2024, under Sections 110, 115(2), 352 of BNS read with Section 3(2)(5-A) of SC/ST Act, P.S. Rendhar, District Jalaun, pending in the Court of Judge/Special Judge, SC/ST Act, Jalaun at Orai. 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. 8. The issue of deposit of compensation by the claimant/first informant/victim shall also be looked into while getting the verification report from concerned District Social Welfare Officer through District Magistrate. Order Date :- 10.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad