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2025 DAILYLAW 37426 (ALL)

PAPPU @ RAM JIWAN v. STATE OF U.P. AND 3 OTHERS

NA528/11988/2025 · 2025-04-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53464 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11988 of 2025 Applicant :- Pappu @ Ram Jiwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Praveen Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Short counter affidavit dated 02.04.2025 along with vakalatnama filed today by Sri Mukesh Kumar Pandey (AoR No.A/M 1275/17) is taken on record. 2. Heard Sri Praveen Kumar Sharma, learned counsel for the applicant, Sri Abhishek Tripathi, learned A.G.A., who appears for the State and Sri Mukesh Kumar Pandey, learned counsel for O.P. No.2. 3. This is an application u/s 528 of BNSS preferred by applicant for quashing the proceedings of Complaint Case No. 704 of 2024, (Shri Devi Vs Pappu @ Ram Jiwan and other,) Under Section 74, 351(2) B.N.S. and 7/8 P.O.C.S.O. Act, Police station Auraiya, District Auraiya, pending in the Court of learned Special Judge (POCSO Act), District Auraiya, 4. Learned counsel for the applicant has submitted that a complaint stood lodged against the applicant pursuant whereto a summoning order was passed on 07.12.2024 by the Court of Special Judge, POCSO Court, Auraiya under Section 74, 351(2) B.N.S. and 7/8 P.O.C.S.O. Act. Learned counsel for the applicant submits that the parties has entered into compromise out of Court on 17.12.2024. A copy of the same is on record as Annexure-1 at page-5 of short counter affidavit filed by O.P. No.2, reference whereof has been made in paragraph9. Learned counsel for the applicant submits that the applicant shall be filing compromise application before the Court of Special Judge, POCSO Act, Auraiya, district Auraiya and in the meantime, protection be accorded, till the verification is done. 5. Learned A.G.A. as well as the counsel appearing for the O.P. No.2 do not dispute the fact. 6. Considering the submissions so made across the Bar the application stands disposed of directing the applicant to submit self-attested copy of the present application along with the counter affidavit, certified copy of the order passed today as well as the original copy of the compromise dated 07.12.2024 before the court below by 30.04.2025. On the said motion, the court below shall undertake the process for verifying the compromise and the same be concluded with most expedition. 7. Till the compromise is verified, no coercive action shall be taken against the applicant in Complaint Case No. 704 of 2024, (Shri Devi Vs Pappu @ Ram Jiwan and other,) Under Section 74, 351(2) B.N.S. and 7/8 P.O.C.S.O. Act, Police station Auraiya, District Auraiya, pending in the Court of learned Special Judge (POCSO Act), District Auraiya. 8. 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 :- 11.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad