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2025 DAILYLAW 16207 (ALL)

YAMIN AND 4 OTHES v. STATE OF U.P. AND ANOTHER

NA528/4272/2025 · 2025-02-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21743 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4272 of 2025 Applicant :- Yamin And 4 Othes Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunny Srivastava,Vivek Kumar Srivastava Counsel for Opposite Party :- Abhishek Tandon,Arvind Kumar,G.A.,Manu Srivastava Hon'ble Vikas Budhwar,J. 1. Heard Sri Vivek Kumar Srivastava, learned counsel for the applicants, Sri Moti Lal, learned AGA for the State, and Sri Abhishek Tandon, learned counsel for opposite party No. 2. 2. Sri Abhishek Tandon, Advocate, has made a statement at bar that he has already filed his vakalatnama in the Registry and his name stands shown in the status. 3. This application has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the proceeding of Case No.4874/2021 (State Vs. Smt. Chhoti and others), Under Sections 420, 468 I.P.C. as well as charge-sheet dated 08.08.2003 alongwith summoning order dated 19.12.2003 arising out of Case Crime No.250 of 2003, Police-Station: Kankarkhera, District: Meerut, pending in the court of Additional Civil Judge (J.D.), Court No.4, Meerut. 4. Learned counsel for the applicants submits that though a First Information Report stood lodged against the applicants being Case Crime No. 250 of 2003 purportedly under Sections 420, 468 IPC in Police-Station: Kankarkhera, District: Meerut, and a charge- sheet was also submitted on 08.08.2003 and summoning order was issued on 19.12.2023. An application under Section 482 Cr.P.C. No.5102 of 2009 came to be filed by the applicants being Smt. Chhoti and others vs. State of U.P. and another, which came to be dismissed for non-prosecution on 16.12.2021. 5. Learned counsel for the applicants submits that during the pendency of the said proceedings, the parties have compromised, a copy of the same is at annexure No.10, page No. 88 onwards which has been filed before the court of Additional Civil Judge (Junior Division) court No.4, Meerut on 14.09.2022 However, on 16.09.2022, the court below has shown its inability to compound the same being the offences non-compoundable. Relevant averments have been made in paragraph No.28 of the application. Learned counsel for the applicants submits that in exercise of the powers under Section 482 Cr.P.C., this Court may quash the proceedings. 6. Learned AGA as well as learned counsel for the opposite party have no objection to the same. 7. The application is allowed. 8. In view of the above, the proceeding of Case No.4874/2021 (State Vs. Smt. Chhoti and others), Under Sections 420, 468 I.P.C. as well as charge-sheet dated 08.08.2003 alongwith summoning order dated 19.12.2003 arising out of Case Crime No.250 of 2003, Police-Station: Kankarkhera, District: Meerut, pending in the court of Additional Civil Judge (J.D.), Court No.4, Meerut are hereby quashed. Order Date :- 13.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad