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Neutral Citation No. - 2025:AHC:49493 Court No. - 74 Case :- APPLICATION U/S 482 No. - 33029 of 2024 Applicant :- Suraj Opposite Party :- State Of U.P. 2 Others Counsel for Applicant :- Brijesh Kumar Srivastava Counsel for Opposite Party :- Chandra Prakash Singh,G.A. Hon'ble Saurabh Srivastava,J.
1. Supplementary affidavit preferred on behalf of applicant is taken on record. 2. Heard Sri Brijesh Kumar Srivastava, learned counsel for applicants and Sri Chandra Prakash Singh, learned counsel for opposite party no. 2 and 3 and learned AGA for State. 3. Present application u/s 482 Cr.P.C has been preferred with a prayer to quash the entire proceeding as well as charge sheet dated 30.05.2023 along with cognizance order dated 08.06.2023 in Case no. 1467 of 2023 (State vs. Suraj) arising out of Case Crime no. 197 of 2023 under sections 307, 324 IPC and 4/25 Arms Act, Police Station- Sahjanwa, District- Gorakhpur pending in the court of Prevention of Corruption Court no. 4, Gorakhpur on the basis of compromise dated 11.07.2024. 4. At the very outset, learned counsel for the applicant submitted that in pursuance to order dated 17.12.2024 passed by co-ordinate Bench of this Court, the compromise entered by both the parties which has been reduced in writing on dated 11.07.2024 has been verified in presence of both the parties by learned court of Additional Sessions Judge/Special Judge (Anti-Corruption Act) Court no. 4, Gorakhpur on dated 08.01.2025 and the verification report has been received by learned Registrar General of this Court which is placed in record through which it is transpired that although compromise has been verified pertains to sections 307, 324 of IPC but so far as regarding Section 4/25 Arms Act, the same has not been compromised by the Sub-Inspector Vikas Mishra. 5. By bare perusal of the charge sheet, it is transpired that one sharp edged weapon in shape of knife was recovered by the concerned Investigating Officer and as such although applicant has
been implicated at the time of institution of FIR under sections 307 and 324 IPC but at the time of preferring charge sheet Section 4/25 of Arms Act have been added. The weapon which has been recovered by the Investigating Officer is connected to the same incident as informed by opposite party nos.
2 and 3 and once the same has been verified over the compromise entered by applicant along with opposite party nos. 2 and 3 there is no necessity for having specific compromise entered by concerned Investigating Officer for compounding offence under Section 4/25 of Arms Act. 6. In view of the aforementioned facts and circumstances and on the basis of the verification report submitted by learned concerned court there is hardly any justification for continuance of the proceeding in pursuance to Case Crime no. 197 of 2023 pending against the applicant and the same is hereby quashed and set aside. 7. The application stands allowed accordingly. 8. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 5.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad