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2025 DAILYLAW 27368 (ALL)

ASKARI AND OTHERS v. State of U.P. AND ANOTHER

A482/12798/2024 · 2025-04-09

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:53086 Court No. - 75 Case :- APPLICATION U/S 482 No. - 12798 of 2024 Applicant :- Askari And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Amar Jeet Upadhyah, learned counsel for the applicants, Shri P. P. Tiwari, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of S. T. No. 52/2020, Case Crime No. 29/2016, under Sections 147, 148, 149, 324, 325, 336, 504 IPC, P.S.- Kithor, District- Meerut. 3. As per office report dated 10.04.2025, notice has been upon opposite party no. 2 on 23.07.2024. Though, notice has been served to opposite party no. 2 on 23.07.2024, opposite party no. 2 has passed away on 31.01.2025. No one appeared on behalf of the opposite party no. 2 or his legal heir. 4. Learned counsel for the applicant sumbitted that opposite party no. 2 during his life time has entered into compromise dated 02.01.2024, which has been annexed at page-24 to the affidavit. It is submitted that in a cross case, which was lodged by the brother of applicant no. 4 against opposite party no. 2 in which compromise has been verified before the court below and proceeding at the same has also been quashed by this Court in Application U/S 482 No. 7191/2024 vide order dated 20.06.2024. 5. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 6. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise with the legal heirs of opposite party no. 2 before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law. 7. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 10.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad