Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 28071 (ALL)

PINKU CHAUHAN ALIAS DHEERENDRA AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8281/2025 · 2025-03-11

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:36093 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8281 of 2025 Applicant :- Pinku Chauhan Alias Dheerendra And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Dhiraj Kumar Maurya (AoR No.A/D 0961/2022) on behalf of O.P. No.2 is taken on record. 2. Heard Sri Narendra Kumar, learned counsel for the applicants, who are seven in number, Sri Abhishek Tripathi, learned A.G.A. and Sri Akhilesh Kumar Tripathi for O.P. No. 2. 3. This is an application under Section 528 CrPC preferred by the applicant for quashing the further proceeding of entire proceedings of Special Trail No.-87 of 2022" (State Versus Bablu Chauhan and others) and as well as charge-sheet dated 19.07.2021 and summoning order dated 15.09.2021 arising out of Case Crime No.- 217 of 2021 under section 147, 354, 452, 323, 325, 504, 506, 427 of I.P.C. and Section 3 (1) (द)( घ) and 3(2)5A of SC/ST Act 1989, Police Station- Kishni, District-Mainpuri on the basis of compromise dated 01.03.2025 pending in the court of Special Judge SC/ST Act. Mainpuri. 4. Learned counsel for the applicant submits that a first information report stood lodged against the applicants and others, under Sections 147, 354, 452, 323, 504, 506 IPC read with Section 3(1)(da), 3(1)(dha) of the SC/ST Act, being FIR No.0217 of 2021, however, parties have entered into a compromise out of the Court on 01.03.2025, copy whereof is Annexure-9 at page 80 of the paper-book, reference whereof has been made in paragraph-13 of the application. Learned counsel for the applicant submits that till the verification is done, protection be accorded to the applicants. 5. Learned A.G.A. as well as Sri Dhiraj Kumar Maurya, learned counsel for O.P. No. 2 have no objection to the same. 6. Considering the submissions so advanced and stand taken by the parties, the application stands disposed of requiring the applicants (parties) to file self-attested copy of the application, the certified copy of the order and the original copy of compromise application before the court below by 04.04.2025, on the receipt of which, the court below shall make endeavour for the verification and the same be done by 23.05.2025. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in Special Trail No.-87 of 2022" (State Versus Bablu Chauhan and others) and as well as charge-sheet dated 19.07.2021 and summoning order dated 15.09.2021 arising out of Case Crime No.- 217 of 2021 under section 147, 354, 452, 323, 325, 504, 506, 427 of I.P.C. and Section 3 (1) (द)( घ) and 3(2)5A of SC/ST Act 1989, Police Station- Kishni, District-Mainpuri. 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 applicants will be free to approach this Court again. 9. The aspect relating to refund/deposit of compensation to victim/informant/complainant which was received be also dealt with while seeking report from the concerned District Social Welfare Officer. Order Date :- 12.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad