Ashok and 3 Others Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:24427

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 4918 of 2025

Applicant :- Ashok and 3 others Opposite Party :- State of U.P. and 3 others Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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1 Short counter affidavit along with Vakalatnama filed on behalf of opposite parties No. 2 to 4 is taken on record.

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Heard Sri M.K. Tripathi, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State and Sri Yogesh Kumar Tiwari, for opposite parties No. 2 to 4.

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Learned AGA as well as counsel appearing for opposite parties No. 2 to 4 had made a statement at bar that they do not propose to file any response in the application and the application be decided on the basis of the documents available on record. With the consent of the parties, the application be decided at the fresh stage.

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This is an application under Section U/S 528 BNSS filed for quashing the charge sheet dated 21.05.2015 and cognizance order dated 30.06.2016 as well as entire proceedings of Special Trial No. 293 of 2016 (State Vs. Ashok and others) under Sections 323, 504, 506, 325 IPC and Section 3(1)(X) of SC/ST Act arising out of Case Crime No. 291 of 2015, P.S. Gursarai, District Jhansi, pending in the court of Special Judge, SC/ST Act, Jhansi.

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Learned counsel for the applicants has argued that though a first information report stood lodged on 08.05.2015 being No. 0291 of 2015 under Section 3(1)(X) of the SC/ST Act read with Sections 506, 504 and 323 of the IPC against the applicants, however, off late the parties have entered into compromise on 18.01.2015 out of the Court a copy whereof is on record Annexure-5 at page 88 of the paper book reference whereof has been made in para 17 of the application. Learned counsel for the applicants submits that till the verification is done post submission of the compromise application before the Court of Special Judge, SC/ST Act, Jhansi, interim protection be accorded

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Learned AGA as well as counsel for the opposite parties No. 2 to 4 has no objection to the same, however, he also seeks to rely upon para 4 Annexure CA-1 of the short counter affidavit filed today dated 11.02.2025 so as to further contend that there happens to be a compromise and this compromise be directed to be verified post submission before the court below.

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Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 06.03.2025 along with the self attested copy of the present application and compromise. 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 22.05.2025 .

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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 Special Trial No. 293 of 2016 (State Vs. Ashok and others) under Sections 323, 504, 506, 325 IPC and Section 3(1)(X) of SC/ST Act arising out of Case Crime No. 291 of 2015, P.S. Gursarai, District Jhansi, pending in the court of Special Judge, SC/ST Act, Jhansi, pending before the Court of Special Judge, SC/ST Act, Jhansi. 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.

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Needless to point out that the aspect relating to the compensation to be paid to the District Social Welfare Officer as per the statute shall also be complied with.

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Order Date :- 19.2.2025 Rajesh

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

Ashok and 3 Others v. State of U.P. and 3 Others

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