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Neutral Citation No. - 2025:AHC:17806 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3883 of 2025 Applicant :- Dharam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Dwivedi,Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri K.K. Dwivedi, learned counsel for the applicants, who are four in number and Sri Indrajeet Yadav, learned A.G.A.
2. In view of the order, which is being proposed to be passed today, notices are not being issued to O.P. No.2, though the interest of O.P. No.2 is safeguarded. 3. The applicants herein had earlier approached this Court while filing Application U/S 482 No.15079 of 2017, Dharam and 3 others Vs. State of U.P. and another, in which following order was passed: -
"1. Heard learned counsel for applicants, learned Additional Government Advocate for opposite party no.1-State and Mr. Dhirendra Bahadur SIngh, learned counsel for opposite party no.2. 2. Application under Section 482 Cr.P.C. has been filed with a prayer for quashing the entire proceedings in Case No.385 of 2017 (State v. Dharam and others) arising out of Case Crime No.525/2016 under Sections 323, 324, 504, 506 I.P.C. & 3(1)(10) SC/ST Act, P.S. Koshi Kalan, District Mathura pending in Court of Additional District & Sessions Judge, Court No.2, Mathura including charge sheet submitted therein. 3. Learned counsel for applicants placing reliance on supplementary affidavit dated 19.12.2022 submits that the parties have entered into a compromise dated 07.09.2022 which has been filed before the trial court and its verification is required to be done. 4. Learned counsel for opposite party no.2 on the basis of instructions admits factum of compromise having been filed before the trial court. 5. In view of aforesaid facts and circumstance, particularly since aforesaid compromise is said to have been filed before the trial court, direction is issued to the trial court that aforesaid compromise be verified in accordance with law within a period of two months from the date a certified copy of this order is brought on record of the proceedings. 6. Liberty is granted to applicants to file a fresh application under Section 482 Cr.P.C. seeking quashing of proceedings in case the compromise is verified between the parties in accordance with law. 8.
Till final orders are passed on verification of compromise by the trial court, no coercive action shall be taken in Case No.385 of 2017 (State v. Dharam and others) arising our of Case Crime No.525/2016 under Sections 323, 324, 504, 506 I.P.C. & 3(1)(10) SC/ST Act, P.S. Koshi Kalan, District Mathura pending in Court of Additional District & Sessions Judge,
Court No.2, Mathura. 9. In terms of above, the Application stands allowed."
4. Pursuant to the above order, as apparent from page-71, the compromise stood verified on 16.12.2024, a copy whereof is also annexed as Annexure-5 to the paper-book, reference whereof has been made in paragraph-14 of the application. 5. Learned counsel for the applicants thus submits that once the compromise stands entered and verified then there happens to be no occasion to proceed with the present proceeding. 6. Learned A.G.A. does not dispute the said fact. 7. Considering the submissions made across the Bar, the application stands allowed. 8. The proceedings of Case No.385 of 2017, State Vs. Dharam and others, arising out of Case Crime No. 525 of 2016, under Sections 323, 324, 504, 506 IPC and 3(1)(10) SC/ST Act, Police Station- Koshi Kalan, District Mathura, as well as the Charge Sheeet no.485 of 2016 dated 19.01.2017 stands quashed. However, liberty is accorded to O.P. No.2 to move an appropriate application in the present proceeding, in case any occasion arises. Order Date :- 7.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad