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2025 DAILYLAW 101987 (ALL)

RAJESH KUMAR SHARMA v. STATE OF U.P. AND ANOTHER

A482/33370/2024 · 2025-05-19

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84713 Court No. - 84 Case :- APPLICATION U/S 482 No. - 33370 of 2024 Applicant :- Rajesh Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tripathi,Shashi Kant Shukla Counsel for Opposite Party :- G.A.,Rajeev Trivedi Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2. and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed with following prayer: "(i) Quash the impugned N.B.W. order dated 18.11.2021 and impugned order of N.B.W.+82+83Cr.P.C.+NS dated 07.02.2024 passed by learned C.J.M. Hathras against the applicant in Case No. 2250/2001 [State Vs. Rajesh Kumar Sharma and others], U/s-420, 467, 468 IPC, PS-Sureer, District: Mathura, vide Annexure No.5 to the affidavit. (ii) Quash the entire criminal proceedings initiated against the applicant in Case No. 2250/2001 [State Vs. Rajesh Kumar Sharma and others], U/s-420, 467, 468 IPC, PS- Sureer, District: Mathura on the basis of compromise dated 04.09.2024 filed by the opposite party No.2 in the aforesaid case before the trial court, vide Annexre No.7 to the affidavit. (iii) Stay the further proceedings of Case No. 2250/2001 [State Vs. Rajesh Kumar Sharma and others], U/s-420, 467, 468 IPC, PS-Sureer, District: Mathura pending in the court of C.J.M.-V, Hathras during the pendency of the present application before this Hon'ble Court." 3. It has been contended by learned counsel for the applicant that the applicant and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-7 to the application. 4. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts. 5. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein. 6. In view of the above, the present application is disposed of. 7. For a period of six weeks, no coercive measure shall be taken against the applicant. Order Date :- 20.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad