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2025 DAILYLAW 25299 (ALL)

RAM BAHADUR SINGH SENGAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6938/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30728 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6938 of 2025 Applicant :- Ram Bahadur Singh Sengar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Radhy Shyam (AOR No.0038/12), on behalf of opposite party no.2 is taken on record. 2. Heard Sri Sushil Kumar Dubey, learned counsel for the applicants, Sri S.K. Singh, learned A.G.A. and Sri Radhy Shyam, who appears for the O.P. No.2. 2. This is an application under Section 528 of BNSS preferred for quashing of the entire criminal proceedings of Sessions Trial No.31 of 2020 and charge-sheet dated 13.11.2018 as well as cognizance/ summoning order dated 21.07.2020 arising out of Case Crime No.82 of 2018, under Sections 323/34, 504, 506, 354(Kha) IPC, and Section 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va), 3(1)(r) (s) of SC/ST Act, P.S. Rendhar District Jalaun, pending in the Court of learned Special Judge (SC/ST Act), Jalaun. 5. Learned counsel for the applicants submits that though the first information report stood lodged under Sections 323/34, 504, 506, 354(Kha) IPC, and Section 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va). However, the parties have entered into compromise out of the court on 04.02.2025, a copy whereof is annexure 7 at page76 of the paperbook, reference whereof has been made in paragraph no.27 of the application. Learned counsel for the applicants submits that till the verification is done, interim protection be accorded to the applicants. 6. Learned A.G.A. as well as counsel for O.P. No. 2 have no objection to the same. 7. Considering the submissions made across the bar, the application stands disposed of providing that the applicants shall appear before the court below along with the self-attested copy of the application and the certified copy of the order along with original copy of compromise and on the receipt of which, the court below shall undertake process of verification and the same be done by 23.07.2025. 8. In view of aforesaid, the application stands disposed of. 9. Till the verification proceeding is done, no coercive action shall be taken against the applicants in Sessions Trial No.31 of 2020 and charge-sheet dated 13.11.2018 as well as cognizance/ summoning order dated 21.07.2020 arising out of Case Crime No.82 of 2018, under Sections 323/34, 504, 506, 354(Kha) IPC, and Section 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va), 3(1)(r)(s) of SC/ST Act, P.S. Rendhar District Jalaun, pending in the Court of learned Special Judge (SC/ST Act), Jalaun. 10. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. 11.The protection accorded to the applicants, the applicants shall only be applicable till the applicants strict 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. 12. The question regarding deposit of compensation by the victim- first informant/ complainant, shall also be dealt with while obtaining a report from the concerned District Social Welfare Officer. Order Date :- 4.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad