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2025 DAILYLAW 112806 (ALL)

SAJID AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

A482/44044/2024 · 2025-05-06

Deepak Verma

body2025

Judgment text

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Court No. - 84 Case :- APPLICATION U/S 482 No. - 44044 of 2024 Applicant :- Sajid And 5 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.,Neetesh Kumar Hon'ble Deepak Verma,J. 1. Supplementary and counter affidavits, filed today, are taken on record. 2. Heard learned counsel for the applicants; counsel for the informant; learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the cognizance/summoning order dated 15.02.2020 passed by Chief Judicial Magistrate, Shamli as well as entire proceedings of Case No. 480 of 2020 (State vs. Sajid & others) arising out of Case Crime No. 196 of 2019, under Sections 147, 148, 323, 324, 452, 504, 506 IPC, Police Station-Thana Bhawan, District-Shamli, Pending in the Court of Civil Judge(J.D.)/J.M., Shamli on the basis of compromise. 4. Counsel for the applicants submits that in para-4 of the counter affidavit, it is stated that compromise happened without any fear or threat and instant 482 petition has been filed to quash the proceedings against the applicants on account of compromise entered into between the parties. A copy of the compromise deed has been annexed as Annexure-6 of the application and supplementary affidavit. 5. Learned counsel appearing for the opposite party nos. 2 to 4 do 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; compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicant 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 :- 7.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad