JHAMMAN LAL AND 10 OTHERS v. STATE OF U.P. AND ANOTHER
A482/10072/2023 · 2025-05-06
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17377 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17377 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74920 Court No. - 75 Case :- APPLICATION U/S 482 No. - 10072 of 2023 Applicant :- Jhamman Lal And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Lakhan Kashyap,Shivanshu Kashyap,Sudhanshu Singh Counsel for Opposite Party :- G.A.,Rahul Saxena,Sundeep Agarwal Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sandeep Kumar Rai, Advcoate holding brief of Sri Sudhanshu Singh, learned counsel for the applicants, Sri Sundeep Agarwal, learned counsel for opposite party no.2 and Ms. Harshita Rani, learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed praying for quashing of Charge Sheet No. 67 of 2022 dated 09.04.2022 submitted in Case Crime No.0009 of 2022 under Sections 467, 468, 471, 420, 447 I.P.C., P.S. Kyoladiy, District-Bareilly, the Cognizance Taking Order /Summoning Order dated 10.01.2023 passed by Judicial Magistrate, Nababganj, Bareilly, in Criminal Case No. 39 of 2023 (State Vs. Jhammanlal and others) under Sections 420, 447 I.P.C. P.S. Kyoladiy, District-Bareilly, as well as the entire proceedings of above mentioned criminal case, now pending in the court of Judicial Magistrate, Nababganj, Bareilly
3. Learned counsel for the applicant as well as opposite party no.2 has jointly submitted that the dispute between the parties was civil and private in nature and now they have settled the same and a compromise dated 06.01.2025 has also been entered into between the parties. It is further submitted that the original deed of compromise has also been filed before the Court below.
4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification.
5. Considering the aforesaid submission, present application is
disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.
6. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants.
7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 7.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad