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2025 DAILYLAW 141716 (ALL)

GAYA PRASAD AND 3 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4455/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37679 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4455 of 2025 Applicant :- Gaya Prasad And 3 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rama Kant Dixit Counsel for Opposite Party :- G.A.,Ram Vishal Tripathi Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rama Kant Dixit, the learned counsel for the applicants, Sri Angad Vishwakarma, the learned A.G.A for the State, Sri Ram Vishal Tripathi, learned counsel for opposite party no. 2. Supplementary affidavit filed today is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C/528 B.N.S.S, the applicant has sought quashing of the charge sheet dated 02.09.2022, summoning order dated 15.02.2023 as well as the entire proceeding of Criminal Case No. 1328 of 2023, arising out of Case Crime No. 0310 of 2021, under Sections 420, 467, 468, 471, 506 IPC, Police Station Ikauna, District Shrawasti, pending before Chief Judicial Magistrare, Shrawasti, on the ground that the parties have already been entered into a settlement. 3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 14.05.2025, which has been annexed as Annexure No. 7 to the application. 4. By means of an order dated 27.05.2025 the trial court was directed to verify the compromise. The compromise has been verified by means of an order dated 10.06.2025 passed by the Chief Judicial Magistrate, Shrawasti in case no. 1328 of 2023, which is annexed as Annexue No. SA-1 to the supplementary affidavit. 5. Learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise. 6. Accordingly, the present petition is allowed and the charge sheet dated 02.09.2022, summoning order dated 15.02.2023 as well as the entire proceeding of Criminal Case No. 1328 of 2023, arising out of Case Crime No. 0310 of 2021, under Sections 420, 467, 468, 471, 506 IPC, Police Station Ikauna, District Shrawasti, pending before Chief Judicial Magistrare, Shrawasti, are hereby quashed. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench