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2025 DAILYLAW 31591 (ALL)

AKIL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/20582/2023 · 2025-02-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20076 Court No. - 74 Case :- APPLICATION U/S 482 No. - 20582 of 2023 Applicant :- Akil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Kumar Yadav,Mohd. Naushad Siddiqui Counsel for Opposite Party :- Bipin Kumar,G.A.,Sanjay Kumar Srivastava Hon'ble Vikas Budhwar,J. 1. Heard Sri Naushad Siddiqui, learned counsel for the applicants, Shri Bipin Kumar, learned counsel for opposite party no. 2, and Sri Moti Lal, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of S.T. No.1151 of 2011 (State Vs. Jahiruddin and others) arising out of Case Crime No.15 of 2011, u/s 147, 148, 323, 452, 308 IPC, P.S. Lisadi Gate, District Meerut pending before Special Judge (Prevention of Corruption )1st/Addl. Sessions Judge, Meerut in terms of compromise. 3. Learned counsel for the applicant submits that this Court on 07.06.2023 proceeded to pass the following order: "1. Affidavit filed today by learned counsel for the opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 3. This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of S.T. No.1151 of 2011 (State Vs. Jahiruddin and others) arising out of Case Crime No.15 of 2011, u/s 147, 148, 323, 452, 308 IPC, P.S. Lisadi Gate, District Meerut pending before Special Judge (Prevention of Corruption )1st/Addl. Sessions Judge, Meerut in terms of compromise. 4. Learned counsel for both the parties are present and have jointly submitted that the parties have settled the dispute and have reduced the same in writing and the same has been filed before the court concerned, a copy whereof has been annexed as Annexure No.6 to the affidavit supporting the application. 5. The aforesaid fact has not been disputed by learned counsel for the opposite party no.2, rather it has been acknowledged in the affidavit of the complainant. 6. Let the court concerned verify the aforesaid compromise in the 1st week of July, 2023 after calling upon the parties and shall send its report along a copy of the duly verified compromise to this Court on or before the next date fixed. 7. Put up this case as fresh on 04.08.2023 before appropriate Bench. 8. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case. ." 4. Pursuant to the same record reveals that there is a report of Additional Sessions Judge/ Special Judge (Prevention of Corruption), Meerut dated 10.07.2023 which shows that the compromise have already been entered into the parties and the same stands verified. 5. Learned counsel for the opposite party no. 2 and AGA have no objection to the same as according to them the compromise has already been entered between the parties and stands verified. 6. Considering the submissions made by parties and stands taken by them, the present application stands allowed and the entire proceedings of S.T. No.1151 of 2011 (State Vs. Jahiruddin and others) arising out of Case Crime No.15 of 2011, u/s 147, 148, 323, 452, 308 IPC, P.S. Lisadi Gate, District Meerut pending before Special Judge (Prevention of Corruption )1st/Addl. Sessions Judge, Meerut, stands quashed as against the applicants. Order Date :- 11.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad