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2025 DAILYLAW 25049 (ALL)

VASEER KHAN AND 3 ORS v. STATE OF U.P. AND ANR

A482/16981/2018 · 2025-04-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69277 Court No. - 75 Case :- APPLICATION U/S 482 No. - 16981 of 2018 Applicant :- Vaseer Khan And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rohit Shukla,Shashank Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama has been filed by Mr. Himanshu Kashyap, learned counsel for opposite party no. 2 and it is taken on record. 2. Heard Sri Satish Kumar Shukla, learned Advocate holding brief of Sri Shashank Shukla, learned counsel for the applicants, Sri Himanshu Kashyap, learned counsel for opposite party no.2 and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State. 3. The present application has been filed to quash/set aside the impugned charge sheet dated 19.10.2017, the cognizance order dated 04.01.2018 passed by the Chief Judicial Magistrate, Mathura in Case No. 190/IX/2018 (State vs. Vaseer Khan & others) arising out of Case Crime No. 614 of 2017 u/s 323, 452, 506 IPC, Police Station- Govind Nagar, District- Mathura as well as the entire proceeding of Case No. 190/IX/2018 (State vs. Vaseer Khan & others) pending in the court of Chief Judicial Magistrate, Mathura. 4. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is personal and private in nature. Now, they have settled their dispute which was also reduced to written compromise dated 03.09.2024. 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. 5. 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. 6. 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. 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