NAVEEN KUMAR PEER AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/7804/2025 · 2025-03-09
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27788 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34636 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7804 of 2025 Applicant :- Naveen Kumar Peer And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed on behalf of opposite party No. 2 by Sri M.P. Yadav, (AOR No.A/M0930/16) is taken on record.
2. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicants as well as Sri Bhuval Vishwakarma, learned AGA for the State and Sri M.P. Yadav for the opposite party No. 2.
3. This application under Section 528 of the B.N.S.S. has been filed by the applicants to quash the entire proceedings of S.S.T. No. 77 of 2014, (Amit Chauhan vs. Naveen Kumar Peer and another) arising out of Complaint Case No.11 of 2009, under Sections 323, 324, 506, 392 IPC and 3(1)(10), SC/ST Act, Police Station Kotwali, District Ghaziabad, pending in the court of Special Judge (SC/ST Act), Ghaziabad.
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. 500 of 2007 on 9.10.2007, under Sections 323, 324, 504, 506, 392 I.P.C., thereafter a final report stood submitted however, a protest petition being preferred by the opposite party no.2, the summons were issued on 12.11.2009.
Learned counsel for the applicant has invited attention towards Annexure 4 at page 28 and onwards of the paper book reference whereof has been made at para 8 that the parties have entered into compromise on 28.1.2025 and submitted before court below.
Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded.
5. Sri M.P. Yadav, learned counsel for the opposite party no.2 on the strength of the averments contained in the affidavit filed today submits that the parties have themselves entered into a compromise as asserted in para-6 of the affidavit. Learned AGA
also does not dispute the fact.
6. Considering the said submission, the application stands
disposed of directing the applicants to appear before the court below on 27.03.2025 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 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 S.S.T. No. 77 of 2014, (Amit Chauhan vs. Naveen Kumar Peer and another) arising out of Complaint Case No.11 of 2009, under Sections 323, 324, 506, 392 IPC and 3(1)(10), SC/ST Act, Police Station Kotwali, District Ghaziabad, pending in the court of Special Judge (SC/ST Act), Ghaziabad. 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. 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 applicant will be free to approach this Court again.
9. 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 :- 10.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad