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2025 DAILYLAW 109913 (ALL)

ISRAFUL HAQ ALIAS CHHOTEY ALIAS ISFARUL HAQ AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/43044/2024 · 2025-07-23

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121453 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43044 of 2024 Applicant :- Israful Haq Alias Chhotey Alias Isfarul Haq And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants 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 14.09.2013 submitted in N.C.R. No.129 of 2013 as well as the entire proceedings of Case No.45 of 2014 (State of U.P. vs.Israful Haq and others) arising out of N.C.R. No.129 of 2013, under Sections 323, 504, 506 I.P.C., P.S.Dudhara, District Sant Kabir Nagar, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Sant Kabir Nagar, on the basis of compromise dated 19.07.2022. 3. Applicants and opposite party no.2 have compromised the matter out of Court and opposite party no.2 is not interested to pursue the case against the applicants. Application is already pending before Chief Judicial Magistrate, Sant Kabir Nagar dated 19.07.2022 that parties have amicably settled their dispute and compromised the matter. Proceedings pending in offences against the applicants can be compounded in pursuance of Section 320 Cr.P.C. Learned counsel for the applicants submitted that the application of the applicants in regard to quashing of the proceeding is pending since 2022 and no order has been passed. 4. Learned AGA has submitted that court has power to compound the offence under section 320 Cr.P.C. as offence lodged is under sections 323, 504 & 506 I.P.C. is compoundable offence. 5. This application u/s 482 Cr.P.C. is disposed of with the direction that learned Judicial Magistrate/concerned court shall decide the application of the applicants dated 19.07.2022 within a period of three weeks from the date of production of certified copy of this order. Order Date :- 24.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad