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2025 DAILYLAW 22615 (ALL)

SANJEEV KUMAR AND 2 ORS v. STATE OF U.P. AND ANOTHER

A482/15087/2018 · 2025-04-06

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:50008 Court No. - 75 Case :- APPLICATION U/S 482 No. - 15087 of 2018 Applicant :- Sanjeev Kumar And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary,Umesh Kumar Counsel for Opposite Party :- G.A.,Vijay Pratap Singh Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Umesh Kumar, learned counsel for the applicants, Sri Anil Kumar Dubey, Advocate, holding brief of Sri Vijay Pratap Singh, learned counsel for the 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 entire proceeding of Criminal Case No. 5310/9 of 2017 (Kiranpal Singh Vs. Sanjeev Kumar and others) including the impugned order dated 27.05.2017 (against Final Report No.276/12-17 submitted in Case Crime No. 1430 of 2015) u/s 420, 406 I.P.C., Police Station- Kotwali Nagar, District- Muzaffarnagar, pending in the court of learned Chief Judicial Magistrate, Muzaffarnagar. 3. Contention of learned counsel for the applicants is that dispute between the parties is civil in nature. Now, they have settled their dispute amicably and a written compromise dated 21.02.2024 has also been entered into between them. Copy of the same has been annexed as Annexure No. CA-1 to the short counter affidavit dated 19.05.2024. 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 compromise dated 21.02.2024 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. 9. Copy of the original deed of compromise dated 21.02.2024 annexed along with short counter affidavit dated 19.05.2024 shall be returned to the learned counsel for the opposite party no. 2 after retaining photocopy of the same. Order Date :- 7.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad