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2025 DAILYLAW 17380 (ALL)

SANJAY KUMAR AND 5 OTHERS v. STATE OF U.P. AND ANOTHERS

A482/10304/2018 · 2025-04-30

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:69281 Court No. - 75 Case :- APPLICATION U/S 482 No. - 10304 of 2018 Applicant :- Sanjay Kumar And 5 Others Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Abhishek Kumar Jaiswal,Amit Daga Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Neetesh Kumar, learned counsel for the applicants, Sri Avinash Pandey learned counsel for opposite party no.2 and Sri P.P. Tiwari, learned A.G.A. for the State. 2. The present application has been filed to quash the order dated 09.02.2017, passed by Additional Sessions Judge, Court No. 16, Muzaffarnagar in Criminal Revision No. 29 of 2015, 'Sanjay and others Vs. State of U.P.' and order dated 04.12.2014, passed by Judicial Magistrate/Additional Civil Judge (Junior Division), Court No. 2, Kairana in Criminal Case No. 1020/9 of 2013, ''Sanjay and others Vs. State of U.P.'', (arising out of case crime no. 216 of 2013, u/s 420, 467, 468, 471, 504, 506 IPC, Police Station- Jhinjhina, District- Shamli), presently pending before teh Court of Judicial Magistrate/Additional Civil Judge (Junior Division), Court No. 2 Kairana, District- Shamli. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is purely civil in nature. Now, they have settled their dispute which was also reduced to written compromise dated 22.11.2024. Copy of the same has been annexed at page no. 8 of 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 :- 1.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad