HARSH ALIAS HARSH PAWAR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8566/2025 · 2025-03-17
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30249 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30249 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38341 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8566 of 2025 Applicant :- Harsh Alias Harsh Pawar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rishabh Tiwari (AOR A/R 1875/2023) holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the applicants as well as Sri Bhuwal Vishwakarma, learned AGA for the State.
2. This application U/s 528 of BNSS has been filed for quashing the entire proceedings of Complaint Case No. 6151 of 2021 (Case No. 560 of 2021) (Sapna Vs. Harsh and others) and summoning
order dated 26.08.2022 passed in aforesaid complaint case under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the Court of learned Additional Civil Judge (J.D.), F.T.C.-II, Bijnor.
3. Learned counsel for the applicants has submitted that though a complain stood lodged by the opposite party No. 2 against the applicants being No. 6151 of 2021 under Sections 498A, 323 of the I.P.C. read with Section 3/4 of D.P. Act. Learned counsel for the applicants has invited attention towards Annexure-4 at page 34 of the paper book reference whereof has been made at para 12 of the application that the parties have entered into compromise out of Court on 29.01.2025. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded.
4. Learned AGA does not dispute the said fact, in case, compromise has been entered into between the parties then direction be issued for verification.
5. Considering the submission made across the bar, the application stands disposed of directing the applicants to appear before the Court of Additional Civil Judge (J.D.)/F.T.C.-II, Bijnor on 04.04.2025 along with the self attested copy of the present application, certified copy of the order and original copy of the compromise 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 by 23.05.2025.
6. 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 Complaint Case No. 6151 of 2021 (Case No. 560 of 2021 under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Bijnor. 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.
Order Date :- 18.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad