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2025 DAILYLAW 18038 (ALL)

ARUN YADAV AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS

NA528/5328/2025 · 2025-04-01

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45274 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5328 of 2025 Applicant :- Arun Yadav And 6 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Farhan Khan,Matiur Rehman Khan Counsel for Opposite Party :- G.A.,Saqib Ahmad Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Farhan Khan, learned Advocate holding brief of Sri Matiur Rehman Khan, learned counsel for the applicants, Sri Mayank Awasthi, learned Brief Holder for the State, Sri Rehan Akhtar Khan, learned Advocate holding brief of Sri Saqib Ahmad, learned counsel for O.P. No. 2 and perused the record. The present application has been filed to quash charge-sheet dated 07.07.2024, cognizance order dated 25.09.2024 in Case No. 12734 of 2024, State v. Arun Yadav & others, arising out Case Crime No. 241 of 2024, under Sections 147, 323, 427, 504, 506, 308 IPC, P.S. Salempur, District Deoria, pending in the court of Civil Judge (S.D.)/ A.C.J.M., Court No. 15, Deoria. Learned counsel for the applicants submits that the parties have amicably settled their dispute out of Court and have entered into compromise. In this regard, compromise has been filed before the Court concerned, copy of the same has been annexed as Annexure no.7 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, the parties are directed to appear before the court below along with a certified copy of this order and permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months or till verification of compromise between the parties by the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 2.4.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad