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2025 DAILYLAW 105948 (ALL)

EJAJUDDIN KHAN v. State of UP AND ANOTHER

A482/37558/2024 · 2025-04-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:46535 Court No. - 75 Case :- APPLICATION U/S 482 No. - 37558 of 2024 Applicant :- Ejajuddin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- Mohd. Ishraque Farooqui,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Manoj Kumar, learned counsel for the applicant, Sri Mohd. Ishraque Farooqui, learned counsel for opposite party no.2 and Sri Sheetla Prasad, State Law Officer for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.01.2019 along with Cognizance/Summoning order dated 14.03.2019 and the entire criminal proceeding of Case No.10450 of 2019, arising out of Case Crime No.0166 of 2018 (State vs. Ejajuddin), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Chamanganj, District- Kanpur Nagar, as well as stay the further proceeding of the aforesaid case, pending in the court of Civil Judge (J.D.) 10, Kanpur Nagar, in pursuance of compromise. 3. From perusal of order sheet, it appears that on considering the statement of learned counsel for the applicant that parties have settled their dispute amicably and a written compromise has also been executed, this court directed the court below to verify the aforesaid compromise and submit its report to this court. 4. In pursuance of order dated 08.01.2025 of this court, learned Additional Civil Judge (Junior Division), Court No.10, Kanpur Nagar, has submitted its report dated 05.02.2025 mentioning therein that despite specific direction of this court, neither of the parties appeared before the court nor filed any compromise and for that reason, process of verification could not be completed. 5. Today, learned counsel for the applicant as well as learned counsel for opposite party no.2 jointly submitted that they will file compromise within next 15 days before the court below. 6. Considering the aforesaid submission, present application is disposed of with a direction to the applicant to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant. 9. It is further provided that applicant is at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 3.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad