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Neutral Citation No. - 2025:AHC:25835 Court No. - 74 Case :- APPLICATION U/S 482 No. - 4534 of 2025 Applicant :- Kaushal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Sunil Kumar, learned counsel for the applicants, who are six in number, and Sri Jyoti Kumar Singh, learned A.G.A. for the State.
2. In view of order which is being proposed to be passed notices are not being issued to the opposite party no.2 but the interest of the opposite party no.2 is safeguarded.
3. The applicants herein preferred application U/S 482 No.5784 of 2024, Kaushal and 5 others vs. State of U.P. and another in which on 22.4.2024 following order was passed:-
"1. Counter affidavit filed by learned counsel for the opposite party no. 2 is taken on record.
2. Heard learned counsel for the applicants, Sri Shashank Shekhar Pandey, learned A.G.A. for the State-opposite party no. 1, and Sri Ajit Kumar, learned counsel for the opposite party no. 2.
3. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 31.07.2019 as well as summoning and cognizance order dated 10.10.2019 passed in Case No. 2349 of 2019, State v. Kaushal and others, arising out of Case Crime No. 228 of 2019, under Sections 147, 148, 452, 354 (Kha), 323, 504, 506 I.P.C., Police Station Tappal, District Aligarh pending in the Court of the Additional Chief Judicial Magistrate, Court No. 4, Aligarh.
4. Learned counsel for the applicants submits that the dispute is purely civil and private in nature. During the pendency of the proceedings, the parties have reconciled their differences and a compromise has been entered between them, copy of the compromise deed dated 15.01.2024 has been annexed as Annexure-4 to the affidavit, wherein it has been mentioned that opposite party no. 2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.
5. Learned counsel for the opposite party no. 2 does not dispute the
submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that he has no
objection if the proceedings are quashed. 6. Learned AGA, however, submits that it is the concerned court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court and move an application with respect to compromise between the parties, which will be decided in accordance with law. 7. In view of the above, both the parties are directed to appear before the court concerned along with an application for verification of compromise deed so filed as well as a certified copy of this order within three weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of three months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. 8. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 9. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 10. With the aforesaid directions, this application is finally disposed of."
4. Post passing of the said order, compromise has been verified on 24.10.2024 by CJM Aligarh. In view of the same now there remains nothing to do further adjudicated. 5. Accordingly, the entire proceedings of criminal proceedings of Case No. 2349 of 2019 (State vs. Kaushal and others) arising out of Case Crime No.0228 of 2019, under Sections 147, 148, 452, 354 (Kha), 323, 504, 506 IPC, Police Station Tappal, District Aligarh, now pending in the court of learned Chief Judicial Magistrate, Aligarh stands quashed and set aside against the applicants. 6.
However, liberty is accorded to opposite party no.2 to file an appropriate application in case there is any grievance. 7. With the above observation, the application under Section 482 Cr.P.C. stands allowed.
Order Date :- 24.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad