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2025 DAILYLAW 24678 (ALL)

SUNDARAM THAKUR ALIAS YASHVEER SINGH v. STATE OF U.P. AND ANOTHER

NA528/6884/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29954 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6884 of 2025 Applicant :- Sundaram Thakur Alias Yashveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Pal Singh Gautam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Chandra Pal Singh Gautam, learned counsel for the applicant, Sri Moti Lal, learned A.G.A. and Sri Manoj Kumar Singh (AoR No.0311/12) for O.P. No. 2. 2. This is an application under Section 528 CrPC preferred by the applicant for quashing the entire proceedings initiated against the applicant including the impugned Summoning order dated 20.03.2024 in Complaint case no. 93/2022 (S.ST. No. 20/2024) under Section 323, 504, 506 I.P.C. and 3(1)(r)(s) SC/ST Act, Police Station Kuthond, District Jalaun, in terms of Compromise dated 31.01.2025, arising out of Complaint no. 93/2022 (S.ST. No. 20/2024) under Section 323, 504, 506 I.P.C. and 3(1)(r)(s) SC/ST Act, Police Station Kuthond, District Jalaun. 3. Learned counsel for the applicant submits that though the summons were issued on 20.03.2022 under Sections 323, 504, 506 IPC read with Section 3(1)(r)(s) of SC/ST Act, however, the parties have entered into compromise on 31.01.2025 (Annexure-8 at page-51 of the paper-book, reference whereof is in paragraph-13 of the application). Learned counsel for the applicant submits that the applicant shall submit the compromise before the court below and till the verification of the compromise, he be accorded interim protection. 4. Learned A.G.A. as well as Sri Manoj Kumar Singh, learned counsel for O.P. No. 2 have no objection to the same. 5. Considering the submissions so advanced and stand taken by the parties, the application stands disposed of requiring the applicant (parties) to file compromise application along with self-attested copy of the application and certified copy of the order along with true copy of the compromise by 17.03.2025 before the court of Addl. Sessions Judge/ Special Judge, Jalaun at Orai, on the receipt of which, the court below shall make endeavour for the verification and the same be done by 22.05.2025. 6. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in Complaint case no. 93/2022 (S.ST. No. 20/2024) under Section 323, 504, 506 I.P.C. and 3(1)(r) (s) SC/ST Act, Police Station Kuthond, District Jalaun. 7. In case of default, interim protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. 8. The question of refund/deposit of compensation to victim/informant/complainant which was received be also dealt with while getting report from District Social Welfare Officer. Order Date :- 4.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad