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2025 DAILYLAW 110811 (ALL)

BABU ALIAS MATIURRAHMAN v. STATE OF U.P. AND ANOTHER

A482/42392/2024 · 2025-05-01

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69990 Court No. - 84 Case :- APPLICATION U/S 482 No. - 42392 of 2024 Applicant :- Babu Alias Matiurrahman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Vakalatnama filed by Sri Mahendra Kumar Sharma, Advocate, on behalf of the victim/opposite party no.2, is taken on record. 2. Heard learned counsel for the applicant, Sri Mahendra Kumar Sharma, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 08.11.2008 as well as the entire proceedings of Case No.5308 of 2010 arising out of Case Crime No.907 of 2008 (State vs. Babu @ Matiurrahman), under Section- 354 I.P.C., Police Station- Adalhat, District- Mirzapur, pending in the court of Additional Civil Judge (J.D.)/F.T.C., Mirzapur. 4. Learned counsel for the applicants submits that instant proceeding initiated by mother of opposite party no.2 (Majda Biwi), now she is no more and victim-opposite party no.2 has settled the dispute with the applicant. Applicant and opposite party no.2 have entered into compromise and compromise deed dated 20.05.2024 filed as Annexurte 4 to the application. 5. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts. 6. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein. 7. In view of the above, the present application is disposed of. 8. For a period of six weeks, no coercive measure shall be taken against the applicant. Order Date :- 2.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad