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2025 DAILYLAW 105008 (ALL)

SUNIL KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/35535/2024 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37866 Court No. - 75 Case :- APPLICATION U/S 482 No. - 35535 of 2024 Applicant :- Sunil Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- Rajesh Kumar Mishra,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Learned counsel for the applicants is permitted to carry out necessary impleadment in compliance of the order dated 17.1.2025 during the course of the day. 2. Heard Sri Ashutosh Pandey, learned counsel for the applicants; Sri Rajesh Kr. Mishra, learned counsel for opposite party No.2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 3. The instant application has been filed seeking quashing of the charge sheet dated 26.9.2019 as well as summoning order dated 24.5.2021 in criminal case No. 2237 of 2021, arising out of case crime No. 32 of 2019, under Sections 498A, 324, 511, 323 IPC and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Etah. 3. From perusal of the order sheet, it appears that this Court by order dated 17.1.2025, considering the fact that the parties have settled their dispute amicably, directed the court below to verify the compromise entered into between the parties. 4. Though the report of the court below is still awaited, learned counsel for the applicants has submitted that applicant No.1, who is father-in-law of opposite party No.2, has died on 1.3.2025. 5. In view of the above, the application is abated on behalf of applicant No.1. 6. Learned counsel for the applicant further submits that due to long time illness and casualty of applicant No.1, the parties could not appear before the court below to get the compromise verified, therefore, 15 days' further time may be granted to the applicants to appear before the court below. 7. In view of above, the applicants are granted one month further time to appear before the court below for verification of the compromise and the court below, after considering the submissions of the parties, will verify the said compromise within a period of next one month. 7. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case. 8. Parties are at liberty to file fresh application u/s 528 B.N.S.S. to quash impugned proceeding on the basis of verified compromise, if need arises. 9. With the aforesaid direction, the application is disposed of. Order Date :- 17.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad