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2025 DAILYLAW 58727 (ALL)

SAGAR TIWARI v. STATE OF U.P. AND ANOTHER

NA528/17409/2025 · 2025-05-16

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82039 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17409 of 2025 Applicant :- Sagar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Salman Ahmad, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State. 2. This is an Application u/s 528 of BNSS preferred by the applicant for quashing of the summoning order dated 30.09.2021 passed by learned Civil Judge (J.D.)/F.T.C. (offence against women), Jalaun at Orai in Complaint Case No. 192/2020 (1839/2020), "Smt. Pooja Vs Sagar Tiwari and Others", under section 498-A, 323, 504, 506 IPC read with section 4 D.P. Act, Police Station Kotwali Orai, District Jalaun and the entire proceedings of Complaint Case no. 192/2020 (1839/2020), "Smt. Pooja Vs Sagar Tiwari and Others", under section 498-A, 323, 504, 506 IPC read with section 4 D.P. Act, Police Station- Kotwali Orai, District Jalaun, pending before the court of learned Civil Judge (J.D.)/F.T.C. (offence against women), Jalaun at Orai, in the terms of compromise. 3. Learned counsel for the applicant has submitted that during the pendency of the proceedings, the parties have entered into a compromise on 11.03.2025 and as is apparent from Annexure-4 at page-30 of the paper-book, reference whereof has been made in paragraph-12, the same has been filed before the Court of Civil Judge (J.D.), F.T.C., Jalaun at Orai. He prays that till the process of verification is concluded, protection be accorded to the applicant. 5. Learned A.G.A. has no objection to the same. 6. Considering the submissions so made across the Bar and after perused the record carefully, the application stands disposed of without issuing notice to O.P. No.2 directing the applicant to submit a self-attested copy of the present application and the certified copy of the order before the court below by 30.05.2025 and on the said motion, the court below shall make endeavour to undertake the process of verification of compromise within a period of two months. 7. Till the verification process is completed, no coercive action shall be taken against the applicant with respect to summoning order dated 30.09.2021 passed by learned Civil Judge (J.D.)/F.T.C. (offence against women), Jalaun at Orai in Complaint Case No. 192/2020 (1839/2020), "Smt. Pooja Vs Sagar Tiwari and Others", under section 498-A, 323, 504, 506 IPC read with section 4 D.P. Act, Police Station Kotwali Orai, District Jalaun. 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. Post outcome of the compromise, the applicant will be free to approach this Court again. Order Date :- 17.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad