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Neutral Citation No. - 2025:AHC:140770 Court No. - 75 Case :- APPLICATION U/S 482 No. - 8138 of 2019 Applicant :- Asraf And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Babloo Pant Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Sundeep Shukla, learned counsel for the applicants and Sri S.K. Singh, learned AGA/State Law Officer for the State. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 21631 of 2018, State v. Asraf and 5 others, in Case Crime No. 601 of 2017 under Sections 147, 452, 323, 504, 506 IPC, P.S.- Jani, District- Meerut. 3. This Court on 08.03.2019 proceeded to pass the following orders:
“The contention advanced by learned counsel for the applicants is that the present criminal prosecution is pursuant to the first information report dated 29.11.2017 in respect of the same incident dated 28.11.2017 for which the FIR was got lodged by the present applicant no. 2. It is further contended that it is on account of some dispute regarding throwing of garbage between neighbours that the proceedings have been instituted. Matter requires consideration. Admit. Issue notice to the opposite party no. 2 returnable within six weeks. State may file counter affidavit within aforesaid period. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List immediately thereafter for further orders. In the meanwhile, until further order of this Court, entire proceedings of Criminal Case No. 21631 of 2018, State v. Asraf and 5 others, in Case Crime No. 601 of 2017 under Sections 147, 452, 323, 504, 506 IPC, P.S.- Jani, District- Meerut, shall remain stayed.”
4. A supplementary affidavit is taken on record dated 03.07.2025, where it has been asserted in para no. 4 that the third applicant-
Imran son of Nynus has expired on 13.09.2020 and the the parties have themselves compromised out of the Court on 25.9.2024 (Annexure-SA-2 at page 10) and onwards reference whereof has been made in paragraph no. 10 of the application. Learned counsel for the applicant has submitted that earlier the case number was Criminal Case No. 21631 of 2018, arising out of case crime no.
601 of 2017, under Sections 147, 452, 323, 504, 506 IPC, police station- Jani, District Meerut but now the same transformed into a new number i.e. No. 12836 of 2021. He submits that the compromise application has been filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 5. Though this Court had issued notices on 08.03.2019, there is an office report dated 16.07.2025 that the notice upon the opposite party no. 2 stands served. 6. Learned AGA on the other hand submits that he has no objection to the same. 7. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below while filing the original copy of the compromise application and a self-attested copy of the present application and certified copy of the order passed today by
29.08.2025. 8. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition. 9. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No. 21631 of 2018, State v. Asraf and 5 others, in
Case Crime No. 601 of 2017 under Sections 147, 452, 323, 504, 506 IPC, P.S.- Jani, District- Meerut. 10. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 18.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad