Tahakik Alias Munna and 4 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Tahakik Alias Munna and 4 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants in pursuance of case no. 66/9 of 2023 (case crime no. 455 of 2022) till disposal of the compromise application; applicants to file compromise application with required copies by 05.03.2025 and court below to conclude verification by 21.05.2025; protection conditional and stands vacated on default of any condition without reference to the Bench.

Issue for consideration

Whether the Section 482 application seeking quashing of the charge sheet dated 19-11-2022 and the cognizance order dated 25-01-2023 in case no. 66/9 of 2023 arising out of case crime no. 455 of 2022 should be granted, in view of the claimed out-of-court compromise dated 03.01.2025. +1 more

Court's answer

The application stands disposed of: the applicants are directed to approach the Court of Civil Judge (J.D.), Budhana, Muzaffarnagar, and while filing the compromise application also submit a self-attested copy of the present application and a certified copy of this order by 05.03.2025.

Ratio / Principle

On receipt of the compromise application, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 21.05.2025.

Key takeaways

Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of case no. 66/9 of 2023 arising out of case crime no. 455 of 2022.ratio¶13
The interim protection is conditional: it is available subject to fulfillment of all terms and conditions contained in the order and adherence to the guidelines, and on default of any condition by the applicant it shall stand vacated without reference to the Bench.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.) [Neutral Citation No. 2025:AHC:22577], Application U/S 482 No. 2106 of 2025, decided 17.2.2025: Tahakik alias Munna and four others applied under Section 482 Cr.PC. to quash the charge sheet dated 19-11-2022 and the cognizance order dated 25-01-2023 in case no. 66/9 of 2023 (State Vs. Tahakik @ Munna & others), arising out of case crime no. 455 of 2022 under sections 147, 452, 323, 325, 504, 506, 336 IPC, Police Station Budhana, District Muzaffarnagar, pending before the Civil Judge (J.D.), Budhana, submitting that the parties had compromised out of Court on 03.01.2025. The Court disposed of the application, directing the applicants to approach the court below, file the compromise application together with a self-attested copy of the instant application and certified copy of the order by 05.03.2025, with verification of the compromise to be concluded by the court below by 21.05.2025. Interim protection was accorded: no coercive action till disposal of the compromise application, subject to fulfilment of all conditions, failing which the protection stands vacated without reference to the Bench; liberty to take legal recourse subject to the outcome of the compromise application was retained.

Neutral Citation No. - 2025:AHC:22577

Court No. - 74

Case :- APPLICATION U/S 482 No. - 2106 of 2025 Applicant :- Tahakik Alias Munna And 4 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Shri Kuldeep Singh Tomar, learned counsel for the applicants, Shri Ashok Kumar Kushwaha, learned AGA for the State-respondent.

In view of the order, which is being proposed to be passed today, notices are not being issued to the respondent Nos. 2 to 4.

This application under Section 482 Cr.PC. has been filed by the applicant to quash the impugned charge sheet dated 19-11-2022 as well as cognizance order dated 25-01-2023 (State Vs. Tahakik @ Munna & others) in case no. 66/9 of 2023 arising out of case crime no. 455 of 2022 under sections 147, 452, 323, 325, 504, 506, 336 I.P.C Police Station Budhana, District Muzaffar nagar pending in the court of the learned Civil Judge (J.D.). Budhana, Muzaffarnagar.

Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 03.01.2025 (Annexure-7 at page 58) and onwards reference whereof has been made in paragraph No. 10 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.

Learned AGA on the other hand submits that he has no objection

to the same.

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 Civil Judge (J.D.). Budhana, Muzaffarnagar. While filing the compromise application and a self-attested copy of the present application as well as certified copy of this order by 05.03.2025 .

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 .

Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of case no. 66/9 of 2023 (State Vs. Tahakik @ Munna & others) arising out of case crime no. 455 of 2022 under section 147, 452, 323, 325, 504, 506, 336 I.P.C Police Station Budhana, District Muzaffar nagar pending in the court of the learned Civil Judge (J.D.). Budhana, Muzaffarnagar.

The interim protection so accorded to the applicants 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.

It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.

Order Date :- 17.2.2025/K.K.Tiwari

Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad