RAJU @ SHAKIL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/17476/2025 · 2025-05-16
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59512 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59512 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82475 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17476 of 2025 Applicant :- Raju @ Shakil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Abid Ali Counsel for Opposite Party :- Dan Bahadur Yadav,G.A.,Raj Kumar Chauhan Hon'ble Vikas Budhwar,J.
1. Heard Sri Mohammad Abid Ali, learned counsel for the applicants, Sri Pankaj Kumar Rai, learned State Law Officer for the State-respondent. Sri Dan Bahadur Yadav along with Sri Raj Kumar Chauhan has filed Vakalatnama on 15.5.2025. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Complaint Case No. 57 of 2016 as well as summoning order dated 20.9.2016, (Nauseen vs. Raju and others), under Sections 498A, 323, 504, 506 IPC and 3/4 of the DP Act, Police Station- Nawabganj, District Bareilly, pending in the court of Judicial Magistrate Nawabganj, District Bareilly. 3. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 3.5.2025 (Annexure- 5 at page 34) and onwards reference whereof has been made in paragraph no. 16 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded
4. Learned AGA on the other hand submits that he has no objection to the same. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Judicial Magistrate Nawabganj, District Bareilly while filing the compromise application and a self-attested copy of the present application and certified copy of the order by 30.05.2025. 6. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification within a period of two months. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Complaint Case No. 57 of 2016 as well as summoning order dated 20.9.2016, (Nauseen vs. Raju and others), under Sections 498A, 323, 504, 506 IPC and 3/4 of the DP Act, Police Station- Nawabganj, District Bareilly, pending in the court of Judicial Magistrate Nawabganj, District Bareilly. 8.
In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 17.5.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad