Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 60050 (ALL)

ARPIT AGRAWAL AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/20205/2025 · 2025-06-30

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:101311 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20205 of 2025 Applicant :- Arpit Agrawal And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anees Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Shaista Noori, advocate holding brief of Shri Anees Ahmad, learned counsel for the applicants and Sri S.P. Singh, learned State Law Officer for the State-respondent. 2. This application under Section 528 BNSS has been filed by the applicants to quash the summoning order dated 07.4.2021 passed by the Civil Judge (Junior Division) /Judicial Magistrate, Tilhar District Shahjahanpur as well as the proceedings of complaint case no.817 of 2020 (Smt Versa Gupta versus Arpit Agrawal and others ) whereby summoned the applicant no.1 & 2 for the offence under sections 498-A, 323, 506 IPC & 3/4 D.P. Act, applicant no. 3 & 4 summoned for the offence under section 498-A, 323, IPC & 3/4 D.P. Act, applicant No.5 & 6 summoned for the offence under section 3/4 D.P. Act and the applicant no.7 summoned for the offence under sections 498-A, 323, 504, 506 IPC & 3/4 D.P.Act, police station Tilhar District Shahjahanpur, pending in the court of Civil Judge (Junior Division) /Judicial Magistrate, Tilhar District Shahjahanpur. 3. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 20.03.2025 (Annexure-4 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 Civil Judge (Junior Division) /Judicial Magistrate, Tilhar District Shahjahanpur while filing the original compromise application and a self-attested copy of the present application and certified copy of the order passed today by 18.07.2025. 6. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of complaint case no.817 of 2020 (Smt Versa Gupta versus Arpit Agrawal and others )whereby summoned the applicant no.1 & 2 for the offence under sections 498-A, 323, 506 IPC & 3/4 D.P. Act, applicant no. 3 & 4 summoned for the offence under section 498- A, 323, IPC & 3/4 D.P. Act, applicant No.5 & 6 summoned for the offence under section 3/4 D.P. Act and the applicant no.7 summoned for the offence under sections 498-A, 323, 504, 506 IPC & 3/4 D.P.Act, police station Tilhar District Shahjahanpur, pending in the court of Civil Judge (Junior Division) /Judicial Magistrate, Tilhar District Shahjahanpur. 8. In the event of default of any of the conditions by the applicants 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 :- 1.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad