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2025 DAILYLAW 76157 (ALL)

RAKESH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/27061/2025 · 2025-08-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137581 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27061 of 2025 Applicant :- Rakesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Pandey Counsel for Opposite Party :- G.A.,Renu Pandey Hon'ble Vikas Budhwar,J. 1. Heard Sri Pankaj Pandey, learned counsel for the applicants as well as Sri Bhuwal Vishwakarma, learned A.G.A. for the State. 2. This is an application u/s 528 of BNSS preferred by the applicants for quashing of the entire proceeding in Complaint Case No. 1933 of 2020 (Old Complaint Case No. 854 of 2007), under sections 498A,323,504,506 I.P.C and 34 D.P.Act Police Station Kasganj District Kasganj (Smt Sriwati versus Bunty @ Shailendra Kumar and others) in comply of notary affidavit dated 24/12/2014, pending in the court of learned Additional Civil Judge (J.D)/J.M- FTC District Court Kasganj. 3. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceeding, the parties have entered into a compromise out of the Court on 14.07.2025, a copy whereof is Annexure-SA1 at page-6 of the Supplementary Affidavit, reference whereof has been made in paragraph-2 of the supplementary affidavit. Learned counsel for the applicants submits that a direction be issued to the court below to verify the same and till verification is done, protection be accorded. 4. Learned A.G.A. has no objection to the same. 5. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicants (parties) to appear before the court of Addl. Civil Judge (J.D.)/J.M.-FTC, District Court, Kasganj along with the self-attested copy of the application along with supplementary affidavit and certified copy of the order as well as original copy of the compromise by 01.09.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to appear for verifying the compromise. 6. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in the proceedings of Complaint Case No. 1933 of 2020 (Old Complaint Case No. 854 of 2007), under sections 498A,323,504,506 I.P.C and 34 D.P.Act Police Station Kasganj District Kasganj (Smt Sriwati versus Bunty @ Shailendra Kumar and others), pending in the court of learned Additional Civil Judge (J.D)/J.M-FTC District Court Kasganj. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein. 7. In case of default, protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. Order Date :- 13.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad