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2025 DAILYLAW 25224 (ALL)

RAVI KESHARWANI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/7304/2025 · 2025-03-04

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31605 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7304 of 2025 Applicant :- Ravi Kesharwani And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Avinash Mani Tripathi,Yogendra Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed on behalf of opposite party No. 2 by Sri Dharmendra Singh (AOR No.A/D-0257/2012) is taken on record. 2. Heard learned counsel for the applicants as well as learned AGA for the State and Sri Dharmendra Singh, learned AGA for the opposite party No. 2. 3. This application under Section 528 of the B.N.S.C. has been filed by the applicants to quash impugned charge sheet dated 07.11.2023 as well as impugned cognizance and summon order dated 27.11.2024 and entire proceedings of Special Session Trial No. 266 / 2024 (State vs Ravi Kesharwani and Others) u/s 323, 504, 506, 325, 308 IPC and u/s 3 (2) of Scheduled Caste and Scheduled Tribe Va (Prevention of Atrocities) Act, 1989 arising out of Case Crime No. 34/2023 Police Station- Airport, District- Nagar Commissionerate Prayagraj pending in the Court of Special Judge (SC/ST Act) Prayagraj. 4. Learned counsel for the applicants has submitted that a first information report stood lodged by the opposite party No. 2 against the applicants being No. 0034 of 2023 on 29.9.2023 under Sections 323, 504, 506, 325, 308 IPC and u/s 3 (2) of Scheduled Caste and Scheduled Tribe Va (Prevention of Atrocities) Act, 1989. Learned counsel for the applicant has invited attention towards Annexure 3 at page 46 onwards of the paper book reference whereof has been made at para 2 & 14 that the parties have entered into compromise on 15.2.2025. 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 preferred 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 below on 19.03.2025 along with the self attested copy of the present 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 applicant 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 Special Session Trial No. 266 / 2024 (State vs Ravi Kesharwani and Others) u/s 323, 504, 506, 325, 308 IPC and u/s 3 (2) of Scheduled Caste and Scheduled Tribe Va (Prevention of Atrocities) Act, 1989 arising out of Case Crime No. 34/2023 Police Station- Airport, District- Nagar Commissionerate Prayagraj pending in the Court of Special Judge (SC/ST Act) Prayagraj. 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 and return of compensation by the victim shall be looked into while getting the verification report from concerned District Social Welfare Officer through District Magistrate. Order Date :- 5.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad