Mukesh and 3 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:76505

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 16473 of 2025

Applicant :- Mukesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari,Vachaspati Panday Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Umesh Chandra Tiwari, learned counsel for the applicants, Sri Indrajeet Singh Yadav, learned A.G.A. and Sri Brijesh Kumar Pandey, who has filed his vakalatnama on behalf of O.P. No. 2.

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A compromise affidavit has also been filed on behalf of O.P. No.2 dated 11.05.2023, which is taken on record.

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This is an application u/s 528 of BNSS preferred by the applicants for quashing of the Summoning Order dated 27.01.2024 passed by Additional Chief Judicial Magistrate, Rampur Court No.2, under section 498A,323,506 of I.P.C and 3/4 of D.P. act and quashing of the entire proceeding of the pending Complaint Case no. 1300209 of 2013, Smt Munni Devi Versus Mukesh and Others , pending before Additional Chief Judicial Magistrate, Rampur.

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Learned counsel for the applicant has submitted that though a complaint stood lodged in the month of August 2013 by the O.P. No.2 against the applicants under Sections 323, 506 of IPC and 3/4 of D.P. Act and the applicants came to be summoned on 27.01.2014 under Sections 498-A, 323, 506 of IPC and 3/4 of D.P. Act, however, the parties have entered into compromise on 24.04.2025, a copy whereof is already on record as Annexure-3 at page 19-20 of the paper-book, reference whereof has been made in paragraph-10 of the application. He submits that the said compromise application has been filed before the Court of Addl. Chief Judicial Magistrate, Rampur. Till the verification process is concluded, protection be accorded to the applicants.

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Sri B.K. Pandey, learned counsel for O.P. No.2 on the strength of averments made in the counter affidavit submits that now compromise entered into between the parties and till verification is done, protection be accorded to the applicants.

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Learned A.G.A. as well as counsel for O.P. No. 2 have no

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objection to the same.

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Having heard the submissions so made across the Bar, the application stands disposed off directing the applicants (parties) to file a copy of the compromise application dated 24.04.2025, which is at page 19-20 of the paper-book, reference whereof has been made in para-10 before the court below by 30.05.2025. In case the same is filed, the court below shall fix a date and make endeavour to verify the said compromise so entered into between the parties while fixing a date and the said process be concluded within a period of two months.

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Till the verification is done, no coercive action shall be taken against the applicants with respect to summoning order dated 27.01.2024 passed by Additional Chief Judicial Magistrate, Rampur Court No.2, under section 498A,323,506 of I.P.C and 3/4 of D.P. act and quashing of the entire proceeding of the pending Complaint Case no. 1300209 of 2013, Smt Munni Devi Versus Mukesh and Others , pending before Additional Chief Judicial Magistrate, Rampur. 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.

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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.

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Order Date :- 12.5.2025 N.S.Rathour

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(Vikas Budhwar, J)

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Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad

Mukesh and 3 Others v. State of U.P. and Another

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