RAJENDRA PRASAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/40588/2024 · 2025-05-16
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108705 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108705 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:82262 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40588 of 2024 Applicant :- Rajendra Prasad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Md. Nuruddin Khan Counsel for Opposite Party :- G.A.,Syed Shahnawaz Shah Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 25.11.2023, cognizance/ summoning order dated 26.09.2024 passed by the Additional Chief Judicial Magistrate, Court No. 5, Meerut as well as the entire proceedings of Criminal Case No. 17853 of 2024 (State Vs. Rajendra Prakash and others), arising out of Case Crime No. 0217 of 2022, under Section 420 IPC, Police Station- Civil Lines, District- Meerut, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 5, Meerut. 3. Learned counsel for the applicants submits that that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-8 to the application. He further submits that alleged offence under Section 420 IPC, is a compoundable offence. 4. Learned counsel appearing for the opposite party no. 2 does not dispute the facts argued by learned counsel for the applicants. 5. Learned AGA submits that applicants may file compromise before trial court. Further, alleged offence is compoundable and trial court has power to set-aside the proceedings as per the provision provided under Section 320 Cr.P.C.
6. Considered the submissions raised by learned counsel for the parties and perused the entire record. Since, offence under Section 420 IPC is a compoundable offence, therefore, it is provided that if applicants move compromise application with affidavit before
the court below along with a certified copy of this order within three weeks, the trial court shall decide the same after verifying the parties and considering the compromise entered into between the parties. The trial court shall exercise its power given under Section 320 Cr.P.C. and decide the compromise application within two months thereafter, in accordance with law. 7. In view of the above, the present application is disposed of. 8. Till then, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 17.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad