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2025 DAILYLAW 15346 (ALL)

SHIV SHANKAR MISHRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/10926/2023 · 2025-04-28

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66733 Court No. - 75 Case :- APPLICATION U/S 482 No. - 10926 of 2023 Applicant :- Shiv Shankar Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Dwivedi,Ashok Kumar Gupta Counsel for Opposite Party :- Dharmendra Kumar Pandey,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ashok Kumar Gupta, learned counsel for the applicants, Ms. Rukmini Ojha, Advocate holding brief of Sri, Dharmendra Kumar Pandey, learned counsel for opposite party no.2 and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the impugned summoning order dated 03.02.2023 passed by Additional Civil Judge (J.D.)IV/Judicial Magistrate, Jaunpur as well as entire proceeding of Complaint Case No. 47 of 2022 (Rakesh Kumar Mishra Vs. Shiv Shankar Mishra & Others), u/s 323, 504, 506, 452, 325, 354B IPC, Police Station-Jafrabad, District-Jaunpur, on the basis of compromise dated 02.03.2024. 3. Learned counsel for the applicants as well learned counsel for opposite party no. 2 jointly submitted that the parties have settled their dispute which was also reduced to written compromise dated 02.03.2024. Copy of the same has been annexed as page No.5 to the supplementary affidavit. 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 :- 29.4.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad