Suresh Singh Rathore and Another Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Suresh Singh Rathore and Another Vs State of U.P. and 5 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. 1820 of 1995 till disposal of the compromise application; applicants directed to file the compromise application with a self-attested copy of the present application before the court below by 03.03.2025, with verification to be concluded by 20.05.2025, subject to vacatur of protection on default.

Issue for consideration

Whether the entire proceedings of Case No. 1820 of 1995 (State Vs. Avanesh and others), arising out of case crime no. 540A/1990, under Section 307 IPC, Police Station Civil Lines, District Budaun, should be quashed in view of the compromise arrived at between the parties.

Court's answer

The application is disposed of directing the applicants to approach the Court of learned Civil Judge (S.r Division)/F.T.C., Budaun and file the compromise application along with a self-attested copy of the present application by 03.03.2025.

Ratio / Principle

On receipt of the compromise application, the court below shall furnish the compromise so filed by the parties and conclude the process of verification by 20.05.2025.

Key takeaways

Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 1820 of 1995 (State Vs. Avanesh and others).ratio¶14
In the event of default of any of the conditions by the applicants, the interim protection shall stand vacated without reference to the Bench; it remains open to the applicants to take legal recourse subject to the outcome of the compromise application.ratio¶15

Detailed headnote1 paragraphs

Quashing (S. 528 BNSS) — Criminal Case No. 1820 of 1995 (State Vs. Avanesh and others), arising out of case crime no. 540A/1990, S. 307 IPC, P.S. Civil Lines, District Budaun, pending before Civil Judge (S.r Division)/F.T.C., Budaun — parties compromised out of Court on 22.01.2025 — application disposed of with liberty/direction to applicants to file compromise application before the trial court along with self-attested copy of the present application by 03.03.2025 — trial court to furnish compromise and conclude verification by 20.05.2025 — no coercive action against applicants till disposal of compromise application — interim protection to stand vacated automatically on default of conditions — applicants free to take legal recourse subject to outcome of compromise application.

Neutral Citation No. - 2025:AHC:21737

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 3755 of 2025

Applicant :- Suresh Singh Rathore And Another Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Vakalatnama has been filed on behalf of Ms. Neelam Singh, counsel for opposite parties, is taken on record.

Heard Shri Preet Pal Singh Rathore, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the Staterespondent as well as Shri Amrendra Singh (A/A 1508/23), advocate holding brief of Ms. Neelam Singh, counsel for opposite parties

This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Case No. 1820 of 1995 (State Vs. Avanesh and others), arising out of case crime no.540A/1990, under Section 307 of IPC Police Station- Civil Lines, District Budaun, pending before the court of learned Civil Judge (S.r Division)/F.T.C., Budaun.

Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 22.01.2025 (Annexure-12 at page 85) and onwards reference whereof has been made in paragraph no. 23 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 opposite parties on the

other hand submits 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 Civil Judge (S.r Division)/F.T.C., Budaun while filing the compromise application and a self-attested copy of the present application by 03.03.2025.

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 20.05.2025.

Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 1820 of 1995 (State Vs. Avanesh and others), arising out of case crime no.540A/1990, under Section 307 of IPC Police Station- Civil Lines, District Budaun, pending before the court of learned Civil Judge (S.r Division)/F.T.C., Budaun.

In the event of default of any of the conditions by the applicants 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 :- 14.2.2025 A. Prajapati

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