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Neutral Citation No. - 2025:AHC:31267 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3533 of 2025 Applicant :- Sumit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- Garun Pal Singh,G.A. Hon'ble Vikas Budhwar,J.
1. A short counter affidavit has been filed by Sri Garun Pal Singh,
learned counsel for opposite party no.2 is taken on record.
2. Heard Sri Amit Rai, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Garun Pal Singh, learned counsel for opposite party no.2.
3. This is an application U/s 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 4017 of 2023 (State vs. Yashpal and Ors) arising out of Case Crime No.378 of 2021, U/s 307, 506 & 34 IPC, P.S. Kotwali Shahar, District Bijnor pending in the court of learned Addl. Chief Judicial Magistrate, Bijnor.
4. Learned counsel for the applicants submits that though the first information report no. 0378 of 2021 stood lodged under Section 307, 506 IPC against the applicants. However, the parties have entered into a compromise and they filed a compromise application before the court below which is at page-68 onwards. However, the same stood rejected as the offences are not compoundable on 04.03.2024 by Chief Judicial Magistrate, Bijnor.
Learned counsel for the applicants submits that once the parties have themselves entered into a compromise and there happens to be filed a short counter affidavit filed by opposite party no.2 sworn by him itself then with a prayer that the proceedings be quashed particularly in paragraph-5 of the same, the proceedings be quashed.
5. Learned AGA as well as the counsel appearing for opposite party no.2 have no objection to the same.
6. Considering the submission of the parties and stand taken by them, the application stands disposed of.
7. The the entire criminal proceedings of Case No. 4017 of 2023 (State vs. Yashpal and Ors) arising out of Case Crime No.378 of 2021, U/s 307, 506 & 34 IPC, P.S. Kotwali Shahar, District Bijnor pending in the court of learned Addl. Chief Judicial Magistrate, Bijnor are hereby quashed.
Order Date :- 4.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad