Allahabad High Court
Chandrashekhar And 2 Others vs State Of U.P. And Another on 27 February, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:28056 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5142 of 2025 Applicant :- Chandrashekhar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pt. S.P. Sharma Counsel for Opposite Party :- Aditya Dwivedi,Archana Maurya,G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Pt. S.P. Sharma, learned counsel for the applicants as well as Sri Jyoti Kumar Singh, learned AGA for the State and Sri Archana Maurya, for opposite party No. 2.
2. A joint statement has been made by learned counsel for the parties that they do not propose to file any affidavit 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.
3. This is an application under Section 528 of the BNSS filed for quashing the charge sheet dated 02.12.2021, charge sheet No. 1 of 2021 including the entire proceedings of Session Trial No. 192 of 2022 (State of U.P. Vs. Chandra Shekhar and others) arising out of Case Crime No. 133 of 2021 under Sections 323/34, 504, 506, 332, 353 IPC read with Section 3(2)Va of SC/ST (P.A.) Act, 1989 (Amended-2015) P.S. Todifatehpur, District Jhansi, pending in the Court of Special Judge, SC/ST Act, Jhansi.
4. Learned counsel for the applicant submits that though a first information report stood lodged by the opposite party No. 2 against the applicants under Section 323, 504, 506 IPC read with Section Section 3(2)Va of the SC/ST (Prevention of Atrocities) Act, however, off late parties have entered into compromise out of the Court on 18.01.2025 document whereof is annexure-4 at page 69 onwards reference whereof has been made in para 12. Reliance has been placed upon the compromise application filed today which is taken on record that there happens to be a joint affidavit also. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded.
5. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been entertained then the direction be issued for verification of the same.
6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below in the week commencing 10.03.2025 while filing compromise application along with the self attested copy of the present application and certified copy of the order. 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 applicants by 23.05.2025.
7. 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 Sessions Trial No.192 of 2022 (State of U.P. Vs. Chandra Shekhar and others) arising out of Case Crime No. 133 of 2021 under Sections 323/34, 504, 506, 332, 353 IPC read with Section 3(2)Va of SC/ST (P.A.) Act, 1989 (Amended-2015) P.S. Todifatehpur, District Jhansi, pending in 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. The issue of deposit of the compensation by the victim shall also be looked into.
Order Date :- 27.2.2025 Rajesh