Basdev and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Basdev and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to file the compromise application and a self-attested copy of the present application before the Additional Sessions Judge, Court No.1, Deoria by 4.03.2025, verification of the compromise to be concluded by the court below by 23.05.2025; interim protection accorded in that no coercive action shall be taken against the applicants in pursuance of Case Crime No. 1060 of 2015 till disposal of the compromise application, such protection to stand vacated on default of any condition.

Issue for consideration

Whether interim protection from coercive action should be accorded to the applicants in pursuance of Case Crime No. 1060 of 2015 pending verification of their out-of-court compromise +1 more

Court's answer

Till disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case Crime No. 1060 of 2015 (Sections 323, 504, 506, 308 IPC against applicant no.2 and Sections 323, 504, 506 IPC against applicant nos. 1, 3 and 4, Police Station Gauri Bazar, District Deoria).

Ratio / Principle

The application stood disposed of with directions to the applicants to approach the Additional Sessions Judge, Court No.1, Deoria and file the compromise application along with a self-attested copy of the present application by 4.03.2025.

Key takeaways

On receipt of the compromise application, the court below was directed to furnish the compromise so filed by the parties and conclude the process of verification by 23.05.2025.ratio¶12
In the event of default of any of the conditions imposed, the interim protection shall stand vacated without reference to the Bench.ratio¶14
It remains open to the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.

Detailed headnote1 paragraphs

Application under Section 528 BNSS by Basdev and three others concerning S.T. No.45 of 2020 (State Vs. Basdev and others), charge-sheet dated 20.12.2015 arising out of Case Crime No. 1060 of 2015, under Sections 323, 504, 506, 308 IPC against applicant no.2 and Sections 323, 504, 506 IPC against applicant nos. 1, 3 and 4, Police Station Gauri Bazar, District Deoria, and the impugned cognizance/summoning order dated 25.03.2016 pending before the Additional Sessions Judge, Court No.1, Deoria. Counsel reported that the parties had compromised out of court on 7.12.2024 and intended to file a compromise application. The High Court disposed of the application, directing the applicants to file the compromise application with a self-attested copy of the present application before the court below by 4.03.2025, and directing the court below to conclude verification of the compromise by 23.05.2025. Until disposal of the compromise application, no coercive action was to be taken against the applicants; the interim protection was to stand vacated automatically upon default of any condition, and the applicants remained free to pursue legal recourse subject to the outcome of the compromise application.

Neutral Citation No. - 2025:AHC:19867

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 3327 of 2025

Applicant :- Basdev And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Vakalatnama filed on behalf of opposite party No. 2 by Sri Akhilesh Kumar Mishra is taken on record.

Heard Sri Vishveshwar Mani Tripathi, learned counsel for the applicants as well as Sri V.K. Sharma, learned State Law Officer for the State and Sri Akhilesh Kumar Mishra for the opposite party No. 2.

This application under Section 528 BNSS has been filed by the applicants in S.T. No.45 of 2020 (State Vs. Basdev and others), Charge-Sheet dated 20.12.2015, arising out of Case Crime No. 1060 of 2015, under Section 323, 504, 506, 308 I.P.C. against the applicant no.2 and under Section 323, 504, 506 I.P.C. against the applicant nos. 1, 3 and 4, Police Station-Gauri Bazar, DistrictDeoria, as well as impugned cognizance/summoning order dated 25.03.2016, pending in the Court of learned Additional Sessions Judge, Court No.1, Deoria.

Learned counsel for the applicants submits that though the first information report stood lodged against the applicants, however, the parties have themselves compromised out of the Court on 7.12.2024 before the court below copy whereof annexure-4 at page 41of the paper book relevant assertion has been made in paragraph no. 9 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 as well as counsel for the opposite party no.2 on the other hand submit that they have 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 learned Additional Sessions Judge, Court No.1, Deoria while filing the compromise application and a self-attested copy of the present application by 4.03.2025. 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 23.05.2025.

Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case Crime No. 1060 of 2015, under Section 323, 504, 506, 308 I.P.C. against the applicant no.2 and under Section 323, 504, 506 I.P.C. against the applicant nos. 1, 3 and 4, Police Station-Gauri Bazar, District-Deoria.

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 :- 11.2.2025 piyush

Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad