Neutral Citation No. - 2025:AHC:5493 Court No. - 71 Case :- APPLICATION U/S 482 No. - 38911 of 2024 Applicant :- Rafe And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Chauhan,Shiva Kant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Pradeep Chauhan, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. This application under Section 482 Cr.P.C. has been filed by accused-applicants Rafe and Umer with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned Charge Sheet dated 23.07.2023 in Case No.4549 of 2023 (State Vs. Rafe and Another) arising out of Case Crime No.450 of 2023, under Sections 366, 376(d), 342, 323, 504 I.P.C., Police Station- Jiyanpur, District- Azamgarh as well as Cognizance order dated 27.07.2023, pending before the court of Judicial Magistrate, Court No.24, Azamgarh; otherwise the applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may also be pleased to stay the further proceedings of Case No.4549 of 2023 (State Vs. Rafe and Another) arising out of Case Crime No.450 of 2023, under Sections 366, 376(d), 342, 323, 504 I.P.C., Police Station- Jiyanpur, District- Azamgarh, pending before the court of Judicial Magistrate, Court No.24, Azamgarh and further not to take any coercive action against the applicants in the aforesaid case, during the pendency of the instant application before this Hon'ble Court; otherwise applicants shall suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. After some arguments, it transpires that in view of the compromise entered into by the parties, PW-1 first informant has not supported the FIR. However, there is nothing on record to show that the parties have entered into a compromise and consequently, the compromise application was filed before Court below seeking termination of the impugned proceedings on the ground of compromise. 5. At this juncture, the learned counsel for applicants fairly submits that he be permitted to withdraw the present application with liberty to file a fresh application under Section 482 Cr.P.C. after the parties have filed a comprehensive compromise before Court below. 6. Prayer made by the learned counsel for applicants is bona-fide. Same is not opposed by the learned A.G.A. 7. Accordingly, it is allowed. 8. In view of above, the present application is, accordingly, dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, stands vacated. Order Date :- 10.1.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad