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2025 DAILYLAW 72212 (ALL)

ABHINAV JAISAWAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/23912/2025 · 2025-07-16

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116021 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 23912 of 2025 Applicant :- Abhinav Jaisawal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Sharma,K.C. Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri K.C. Mishra, learned counsel for the applicants and Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS filed for quashing the proceeding of complaint case no. 369 of 2015 (Shivani alias Shivangi Jaiswal vs. Abhinav Jaiswal and Ors) U/s 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Chauk District Varanasi pending in the court of Special Chief Judicial Magistrate, Varanasi. 3. Learned counsel for the applicant submits that during the pendency of the aforesaid proceedings, a compromise has been entered into between the parties and the same has been filed before the court of CJM, Varanasi on 14.02.2024 annexure 3 at page-40 onwards. Relevant averments has been made in para-25 of the application. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA, has no objection to the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 31.07.2025 along with the self attested copy of the present application, certified copy of the order. 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 as alleged to have been filed by the applicants. 6. Till the 31.07.2025, no coercive action shall be taken against the applicants in proceeding of complaint case no. 369 of 2015 (Shivani alias Shivangi Jaiswal vs. Abhinav Jaiswal and Ors) U/s 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Chauk District Varanasi pending in the court of Special Chief Judicial Magistrate, Varanasi. 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 :- 17.7.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad