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2025 DAILYLAW 9871 (ALL)

RISHIPAL ALIAS BADE LALA v. STATE OF U.P. AND ANOTHER

A482/2077/2025 · 2025-02-16

Vikas Budhwar

body2025

Judgment text

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Court No. - 74 Case :- APPLICATION U/S 482 No. - 2077 of 2025 Applicant :- Rishipal Alias Bade Lala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Rajeev Upadhyay, learned counsel for the applicants, Shri Moti Lal, learned A.G.A. appearing on behalf of the State- respondent. 2. This application has been filed u/s 482 Cr.P.C. for quashing the entire proceeding of Case no. 3007 of 2022 (State versus Rishipal @ Bade Lalla), arising out of Case Crime no. 466/2020, under Section 354(D) I.P.C., Police Station Maudarwaja, District Fatehgarh (Farrukhabad) pending before the learned C.J.M., Farrukhabad. 3. In view of the order which is being proposed to be passed, notices are not being issued to the opposite party No.2 but her interest is safeguarded. 4. Learned counsel for the applicants submits that though an FIR No. 466 stood lodged against the applicants on 01.11.2020 purportedly under Sections 323, 504, 506, 354, 452 IPC in Police Station Maudarwaja, District Fatehgarh (Farrukhabad), however, charge-sheet came to be submitted under Section 354(D) IPC. Learned counsel for the applicant seeks to invite attention towards annexure No.6, page No. 44 of the paper-book being the compromise entered into between the parties dated 16.12.2024 and submitted before the court of CJM, Fatehgarh (Farrukhabad). Learned counsel submits that direction be issued for verification of the same. 5. Learned AGA has no objections to the same according to him once the parties have entered into compromise then verification is to be done. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to approach the court below along with a self-attested copy of the present application as well as certified copy of this order by 06.03.2025. 7. 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 by 21.05.2025. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of Case no. 3007 of 2022 (State versus Rishipal @ Bade Lalla), arising out of Case Crime no. 466/2020, under Section 354(D) I.P.C., Police Station Maudarwaja, District Fatehgarh (Farrukhabad) pending before the learned C.J.M., Farrukhabad. 9. The interim protection so accorded to the applicant shall be available subject to fulfillment of all the terms and conditions as contained in the order and also adhering to the guidelines. 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. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. 11. Needless to point out that it is always open for opposite party No.2 to approach this Court by filing appropriate application, if she is aggrieved. Order Date :- 17.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad