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2025 DAILYLAW 11557 (ALL)

SATAYA PAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/6399/2023 · 2025-04-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69272 Court No. - 75 Case :- APPLICATION U/S 482 No. - 6399 of 2023 Applicant :- Sataya Pal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Zafar Yab Khan,Raj Kumar Singh Counsel for Opposite Party :- G.A.,Lavkush Kumar Bhatt Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anil Kumar Bind, learned Advocate holding brief of Sri Mohammad Zafar Yab Khan, learned counsel for the applicants, Sri Lavkush Kumar Bhatt, learned counsel for opposite party no.2 and Sri Satish Kumar Shukla,, learned A.G.A. for the State. 2. The present application has been filed to quash the impugned summoning order dated 18.11.2022 passed by Judicial Magistrate Court no. 7 District- Farrukhabad, in complaint case no. 117/2022 (Jalebsri Vs. Surajpal and others), u/s 420, 467, 468 IPC, Police Station- Maudarwaja, District- Farrukhabad pending in the court of Judicial Magistrate Court no. 7, Farrukhabad. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is purely civil in nature. Now, they have settled their dispute which was also reduced to written compromise dated 17.05.2024. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 1.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad