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2025 DAILYLAW 106313 (ALL)

KHALID AND 5 OTHERS v. State of U.P. AND 3 OTHERS

A482/38117/2024 · 2025-09-10

Yogesh Dubey Joint Registrar Judicial

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38117 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Santosh Kumar Singh, Advocate, holding brief of Sri Yogendra Pal Singh, learned counsel for the applicants, Sri Rahul Singh Tomar, Advocate, holding brief of Sri Kuldeep Singh, learned counsel for opposite party nos.2 to 4 and Sri B. P. Singh, learned AGA for the State-opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred with prayer to quash the summoning order dated 05.01.2019, passed by the Judicial Magistrate, Court No.1, District Meerut, as well as entire proceedings of Case No.790 of 2019 (State Vs. Khalid and Others), under sections 147, 148, 452, 323, 308, 504, IPC, Police Station Kithor, District Meerut, arising out of Case Crime No.522 of 2018, pending before the Judicial Magistrate, Court No.03, Meerut, on the basis of compromise. 4. It is contended by learned counsel for the applicants that applicants and opposite party nos.2 to 4 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding proceeding of verification of compromise is already on the record as annexure No.S.A.-1 to the supplementary affidavit. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party nos.2 to 4, the Versus Counsel for Applicant(s) : Yogendra Pal Singh Counsel for Opposite Party(s) : Kuldeep Singh, G.A. Khalid And 5 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) proceeding of the aforesaid case be quashed. 5. On the other hand, learned counsel for the opposite party nos.2 to 4 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicants. 6. In view of the fact that applicants and opposite party nos.2 to 4 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicants. 7. In view of the aforesaid, the summoning order dated 05.01.2019, passed by the Judicial Magistrate, Court No.1, District Meerut, as well as entire proceedings of Case No.790 of 2019 (State Vs. Khalid and Others), under sections 147, 148, 452, 323, 308, 504, IPC, Police Station Kithor, District Meerut, arising out of Case Crime No.522 of 2018, pending before the Judicial Magistrate, Court No.03, Meerut, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. September 11, 2025 VKG A482 No. 38117 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad