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2025 DAILYLAW 106750 (ALL)

JUNGEL AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS

A482/38022/2024 · 2025-08-22

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146395 Court No. - 89 Case :- APPLICATION U/S 482 No. - 38022 of 2024 Applicant :- Jungel And 6 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.,Prakash Sharma Hon'ble Jitendra Kumar Sinha,J. 1. The case is taken up on mentioning. 2. Heard Sri Chandra Prakash Misra, learned counsel for the applicants, Sri Narendra Pratap Singh, Advocate, holding brief of Sri Prakash Sharma, learned counsel for opposite party nos.2 to 5 and Sri Radhey Shyam, 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 charge sheet dated 10.03.2010 and cognizance order dated 27.09.2010 as well as the entire proceedings of S.T. No.539 of 2012(State Vs. Jungle & Others), arising out of Case Crime No 6-A of 2010, under sections 147, 148, 323, 325, 504, 506, IPC, Police Station Kotwali Hata, District Kushinagar, pending in the court of Additional Session Judge/F.T.C., Ist, Kushinagar at Padrauna, in pursuance of compromise dated 20.12.2023 and its verification report dated 11.09.2024,. 4. It is contended by learned counsel for the applicants that in pursuance to the order dated 03.05.2024 passed by the co-ordinate Bench of this Court, in Application U/s 482 No.5180 of 2024(Jungel And 6 Others Vs. State of U.P. And 4 Others), the applicants and opposite party nos.2 to 5 appeared before the learned trial court concerned and entered into compromise and said compromise has already been verified by the learned court concerned and certified copy of the proceeding of compromise verification is already on record as annexure No.4 to the memo of application. Learned counsel for the applicants further prays that in view of the compromise entered into between the applicants and opposite party nos.2 to 5, the proceeding of the aforesaid case be quashed. 5. On the other hand, learned counsel for the opposite party nos.2 to 5 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 5 have entered into compromised 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 charge sheet dated 10.03.2010 and cognizance order dated 27.09.2010 as well as the entire proceedings of S.T. No.539 of 2012(State Vs. Jungle & Others), arising out of Case Crime No 6-A of 2010, under sections 147, 148, 323, 325, 504, 506, IPC, Police Station Kotwali Hata, District Kushinagar, pending in the court of Additional Session Judge/F.T.C., Ist, Kushinagar at Padrauna, are hereby quashed. 8. The application u/s 482 Cr.P.C. is hereby allowed. Order Date :- 23.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad