Natthu Bakhsh and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Natthu Bakhsh and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants directed to appear before the court below on 28.02.2025 with a self-attested copy of the application; court below to verify the compromise by 20.05.2025 after putting the other party to notice; no coercive action against the applicants till verification, subject to compliance with the terms, conditions and timeline, failing which the order stands vacated without reference to the Bench.

Issue for consideration

Whether the entire proceedings of Case No. 2625 of 2024 (State Vs. Natthu Baksh), arising out of Case Crime No. 160 of 2024, under Sections 323, 504, 506, 325 IPC, Police Station Bisalpur, District Pilibhit, pending before the Judicial Magistrate, Bisalpur, Pilibhit, should be quashed in view of the compromise dated 18.12.2024 entered into between the parties.

Court's answer

The application is disposed of with a direction to the applicants to appear before the court below on 28.02.2025 along with the self-attested copy of the present application.

Ratio / Principle

On receipt of the copy, the court below shall make endeavour to put the other party to notice and thereafter verify the compromise application alleged to have been filed by the applicants by 20.05.2025.

Key takeaways

Till the verification of the compromise application submitted by the parties is done, no coercive action shall be taken against the applicants in the proceedings of Case No. 2625 of 2024 (State Vs. Natthu Baksh) arising out of Case Crime No. 160 of 2024.ratio¶11
The protection accorded is available only subject to compliance with the terms, conditions and timeline provided; in case of default, the order shall stand vacated without reference to the Bench.ratio¶12
The parties are left free to take legal recourse after the outcome of the compromise.

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.; Neutral Citation 2025:AHC:20880; order dated 13.2.2025) disposed of an application under Section 528 BNSS (Application U/S 528 BNSS No. 3470 of 2025, Natthu Bakhsh & Anr. v. State of U.P. & Anr.) seeking quashing of the entire proceedings of Case No. 2625 of 2024 (State Vs. Natthu Baksh), arising out of Case Crime No. 160 of 2024, under Sections 323, 504, 506, 325 IPC, Police Station Bisalpur, District Pilibhit, pending before the Judicial Magistrate, Bisalpur, Pilibhit. On the applicants' showing that the parties had entered into a compromise on 18.12.2024, filed before the trial court, and on the learned AGA's submission that a direction for verification be issued, the Court directed the applicants to appear before the court below on 28.02.2025 with a self-attested copy of the application and directed the trial court, after putting the other party to notice, to verify the compromise by 20.05.2025. Till verification, no coercive action was to be taken against the applicants in the said proceedings; the protection was made subject to compliance with the terms, conditions and timeline, and was to stand vacated on default without reference to the Bench; the parties were left free to take legal recourse post outcome of the compromise. Notice was not issued to opposite party No. 2. No precedent was cited or relied upon.

Neutral Citation No. - 2025:AHC:20880

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 3470 of 2025

Applicant :- Natthu Bakhsh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- M. Asif Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri M. Asif, learned counsel for the applicants as well as Sri Rajiv Kumar Singh, learned AGA for the State.

In view of the order which is being proposed to be passed, notice is not being issued to opposite party No. 2.

This application under Section 528 of the B.N.S.S. filed for quashing the entire proceeding of Case No.2625 of 2024 (State Vs. Natthu Baksh) arising out of Case Crime No. 160 of 2024, under Section 323, 504, 506, 325 I.P.C. Police Station- Bisalpur, District Pilibhit, pending in the court of Judicial Magistrate Bisalpur, Pilibhit. Learned counsel for the applicant has invited attention towards Annexure 6 at page 43 of the paper book reference whereof has been made in para 10 that the parties have entered into compromise on 18.12.2024 and filed before the court of Judicial Magistrate, Bisalpur, Pilibhit. He submits that direction be issued for verification and in the meantime interim protection be accorded.

Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same.

Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 28.02.2025 along with the self attested copy of the present application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicant by 20.05.2025 .

Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against

the applicants in the proceedings of Case No. 2625 of 2024 (State Vs. Natthu Baksh) arising out of Case Crime No. 160 of 2024, under Section 323, 504, 506, 325 I.P.C. Police Station- Bisalpur, District Pilibhit, pending in the court of Judicial Magistrate Bisalpur, Pilibhit. 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. The parties are free to take legal recourse post outcome of the compromise.

Order Date :- 13.2.2025 Rajesh

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