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Neutral Citation No. - 2025:AHC:145353 Court No. - 75 Case :- APPLICATION U/S 482 No. - 39859 of 2024 Applicant :- Sarthak Rastoogi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Sinha,Somya Dwadash Shreni Counsel for Opposite Party :- Deepankar Shukla,G.A.,Tanzeel Ahmad Hon'ble Vikas Budhwar,J.
1. Heard Mr. Somya Dwadash Shreni, learned counsel for the applicant and Sri S.P. Singh, learned State Law Officer for the State as well as Shri Deepankar Shukla, counsel for the opposite party no. 2. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash thecharge sheet no. 01/2023 dated 16.01.2023 and order dated 01.02.2023, passed by Additional Chief Judicial Magistrate, Court No.4, Moradabad and entire criminal proceeding in Criminal Case No. 7900 of 2023 (State Vs. Sarthak Rastogi and Others) arising out of Case Crime No. 238 of 2022 u/s 418, 420, 467, 468, 471 I.P.C. and 120-B I.P.C. Police Station- Mainther, District- Moradabad. 3. This Court on 17.01.2025 proceeded to pass the following orders:
"1. Heard learned counsel for the applicant and learned A.G.A. for the State. None is present for opposite party no.2. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the charge sheet no. 01/2023 dated 16.01.2023 and order dated 01.02.2023, passed by Additional Chief Judicial Magistrate, Court No.4, Moradabad and entire criminal proceeding in Criminal Case No. 7900 of 2023 (State Vs. Sarthak Rastogi and Others) arising out of Case Crime No. 238 of 2022 u/s 418, 420, 467, 468, 471 I.P.C.
and 120-B I.P.C. Police Station- Mainther, District- Moradabad. 3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed. 4. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 5. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 06.02.2025/07.02.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed. 6.
List this matter on 17.03.2025, along with compromise verification report submitted by the court concerned, if any. 7. On the next date fixed, opposite party no.2 shall appear through counsel to put his version, if any. 8. Till the next date of listing, no coercive action shall be taken against the applicant in aforesaid criminal case."
4. There is an office report dated 21.08.2025 depicting that the fact there is report on 01.03.2025 of the Chief Judicial Magistrate, Court no. 4, Moradabad whereby the compromise so entered into between the parties, the compromise stood verified on 28.02.2025. 5. Learned counsel for the applicant submits that now since the compromise stands entered into between the parties verified, thus, nothing remains to be further proceeded with. 6. Learned State Law Officer for the State as well as counsel for the opposite party no. 2 could not dispute the fact. 7. Applying the principle of law in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688 and that the compromise stood entered and it is verified, now nothing remains to be further adjudicated. 8. Accordingly, the application is allowed. 9. The proceedings of the charge sheet no. 01/2023 dated 16.01.2023 and order dated 01.02.2023, passed by Additional Chief Judicial Magistrate, Court No.4, Moradabad and entire criminal proceeding in Criminal Case No. 7900 of 2023 (State Vs. Sarthak Rastogi and Others) arising out of Case Crime No. 238 of 2022 u/s 418, 420, 467, 468, 471 I.P.C. and 120-B I.P.C. Police Station- Mainther, District- Moradabad, is quashed insofar as it relates to the applicant. Order Date :- 22.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad