VIPLAV RAJ DARAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/27550/2025 · 2025-07-30
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80811 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:127785 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27550 of 2025 Applicant :- Viplav Raj Darad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Padmaker Pandey,Rakesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. On the oral request, learned counsel for the applicants is permitted to correct the array of parties in so far O.P. No.2 is concerned during the course of the day. 2. Heard Sri Padmakar Pandey, learned counsel for the applicants as well as Sri Moti Lal, learned A.G.A. for the State. 3. This is an application under Section 528 of BNSS preferred by the applicants for quashing the summoning order dated 21.06.2023 along with entire proceeding in Complaint Case No. 1007 of 2017 (Smt. Mehar Anchal Chaurasiya vs. Viplav Raj Darard and Others), under section 498-A & 323 I.P.C., and 3/4 D.P. Act, Police Station Collectorganj, District Kanpur Nagar, pending in the court of J.M. Ist Kanpur Nager on the basis of compromise dated 05.03.2025 between the parties. 4. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceedings, parties have entered into the compromise on 05.03.2025 and the same stands also submitted before the court below, which is Annexure-7 at page-63 of the paper-book, reference whereof has been made in para-15. Learned counsel for the applicants submits that till the verification is done, protection be accorded to the applicants. 5. Learned A.G.A. has no objection to the same. 6. Considering the submissions of the parties, it is hereby provided that the applicant shall appear before the court below along with the self-attested copy of the application under Section 528 BNSS and the certified copy of the order on 08.08.2025, and on the said motion, the court below shall put to notice the O.P. no.2 and thereafter proceed to verify the compromise. 7. In view of aforesaid, the application stands disposed of. 8. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in summoning order dated 21.06.2023 along with entire proceeding in Complaint Case No. 1007 of 2017 (Smt. Mehar Anchal Chaurasiya vs. Viplav Raj Darard and Others), under section 498-A & 323 I.P.C., and 3/4 D.P. Act, Police Station Collectorganj, District Kanpur Nagar, pending in the court of J.M. Ist Kanpur Nager.
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. 9. In case of default, interim protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. Order Date :- 31.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad