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2025 DAILYLAW 109660 (ALL)

SHERPAL SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/41584/2024 · 2025-05-15

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81004 Court No. - 84 Case :- APPLICATION U/S 482 No. - 41584 of 2024 Applicant :- Sherpal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dasarathi Das Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Vakalatnama filed today by Sri Sudhir Kumar Agarwal, Advocate, on behalf of the informant/opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, Sri Sudhir Kumar Agarwal, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 3. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 29.10.2014 & 06.06.2015, order dated 29.05.2024 passed by the Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No.1, Mathura as well as entire proceedings of Case No.301 of 2020 arising out of Case Crime No.141 of 2014, under Sections 406, 420, 467, 468, 471, 120B I.P.C., P.S. Jamunapar, District Mathura pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court no.1, Mathura. 4. Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled their dispute out of Court and entered into compromise and file compromise deed before trial court for quashing of the proceeding. Trial court by order dated 29.05.2024 dismissed the prayer of the applicants to quash the proceeding in terms of compromise, holding that the court has no jurisdiction to compound the offences under aforesaid sections. 5. Considered the arguments of both the parties. Since parties have entered into compromise, parties are directed to file fresh compromise deed alongwith affidavit before trial court. It is, hereby, directed that if parties appear before trial court with fresh application of compromise entered between the parties alongwith affidavit within three weeks from today, the trial court shall verify the parties within a period of four weeks from the date of filing of application of compromise entered between the parties. 6. Hence, the Application u/s 482 Cr.P.C. is disposed of. 7. For a period of eight weeks, no coercive measure shall be taken against the applicants. Order Date :- 16.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad