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2025 DAILYLAW 17925 (ALL)

MURARI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4572/2025 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31204 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4572 of 2025 Applicant :- Murari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. A counter affidavit as well as Vakalatnama of Sri Shubham Kumar (AOR No.A/S/1838/2022) has been filed on behalf of opposite party no.2 is taken on record. 2. Heard Sri Ashish Goyal, learned counsel for the applicants, Mr. S.K. Singh, learned AGA for the State and Mr. Shubham Kumar, learned counsel for opposite party No.2. 3. The applicants herein has preferred an application U/s 482 Cr.P.C.1329 of 2024 in which on 13.03.2024, the following order was passed: "1. Short counter affidavit along with vakalatnama on behalf of opposite party no. 2 are taken on record. 2. Heard counsel for the applicants, counsel for the opposite party no. 2 and Sri Neeraj Kumar Sharma, learned A.G.A. for the State. 3. The present application U/s 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Case No. 2416703 of 2019 (State vs. Murari and others) arising out of Case Crime No. 35 of 2017, under Sections 147, 452, 323, 504, 506, 384 and 386 I.P.C., Police Station- Basai Jagner, District- Agra, pending before Additional Chief Judicial Magistrate-III, Agra. 4. Counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of the compromise deed dated 11.12.2023 has been annexed as Annexure- 5 affidavit, wherein it has been mentioned that opposite party no. 2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. 5. Counsel for the opposite party no. 2 does not dispute the submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him. 6. Learned AGA, however, submits that it is the trial court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court and move an application with respect to compromise between the parties, which will be decided in accordance with law. 7. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. 8. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 9. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 10. With the aforesaid directions, this application is finally disposed of. " 3. Learned counsel for the applicants submits that on 29.03.2024 the court f ACJM-III, Agra has verified the compromise. The reference whereof is at page-45 of the paper-book. 4. Learned counsel for the applicants submits that the proceedings be quashed. 5. In view of the above, learned AGA for the State as well as learned counsel appearing for the opposite party do not dispute the said fact and submits that they have no objection to the same. 6. Considering the submission of the parties and stand taken by them, the application stands disposed of. 7. The charge-sheet dated 27.10.2020 arising out of Case Crime No. 2416703 of 2019 (State vs. Murari & Ors) arising out of case crime no. 35 of 2017, under Sections 147, 452, 323, 504, 506, 384, 386 IPC, P.S. Basai Jagner, District Agra, pending before Addl. Chief Judicial Magistrate-III, Agra are hereby quashed. Order Date :- 4.3.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad