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2025 DAILYLAW 10629 (ALL)

ANUJ KUMAR v. STATE OF U.P. AND ANOTHER

A482/2301/2025 · 2025-02-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19351 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2301 of 2025 Applicant :- Anuj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Narendra Kumar Yadav, Advocate holding brief Shri Vivek Singh, learned counsel for the applicant and Shri S.K. Singh, learned AGA for the State. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Case No. 27642 of 2023 (State Vs. Anuj), arising out of case crime No.198 of 2022, under Section 308 IPC Police Station- Daurala, District Meerut, pending before the court of learned Additional Chief Judicial Magistrate, court No.7, Meerut. 3. Learned counsel for the applicant submits that already with respect to the lodging of the FIR under Section 308 IPC being FIR No.0198, parties have themselves compromised out of the Court on 01.01.2025 (Annexure-7 at page 54) and onwards reference whereof has been made in paragraph no. 19 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 4. Learned AGA on the other hand submits that he has no objection to the same. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Additional Chief Judicial Magistrate, court No.7, Meerut while filing the compromise application and a self-attested copy of the present application by 28.02.2025. 6. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 15.05.2025. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 27642 of 2023 (State Vs. Anuj), arising out of case crime no.198 of 2022, under Section 308 IPC Police Station- Daurala, District Meerut, pending before the court of learned Additional Chief Judicial Magistrate, court No.7, Meerut. 8. The interim protection so accorded to the applicants shall be available subject to fulfillment of all the terms and conditions as contained in the order and also adhering to the guidelines. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. 10. In case opposite party No.2 is aggrieved of the order, then it is open for it to prefer appropriate proceedings for recall of the order. Order Date :- 10.2.2025/K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad