Neutral Citation No. - 2025:AHC:46559 Court No. - 73 Case :- APPLICATION U/S 482 No. - 23186 of 2018 Applicant :- Kishunpal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mool Chandra Maurya, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Mayank Maurya, learned counsel for opposite party no.2. 2. This is an application U/s 482 Cr.P.C. has been filed for quashing the charge sheet dated 13.12.2017 and cognizance order dated 07.05.2018 as well as the entire proceeding of Case No. 680 of 2018 (State vs. Kishunpal and Ors) arising out of Case Crime No. 832 of 2017, U/s 452, 323, 504 IPC, P.S. Jalesar, District Etah pending in the Court of Additional Chief Judicial Magistrate (S.D), Etah. 3. This Court on 13.07.2018 proceeded to pass the following order: "Heard learned counsel for the applicants and the learned AGA for the State. This application under Section 482 Cr.P.C. has been filed seeking to quash the charge sheet dated 13.12.2017 and the entire proceedings of Case No. 680 of 2018 (State vs. Kishunpal and others) arising out of Case Crime No. 832 of 2017, under Sections 452, 323, 504 IPC, P.S. Jalesar, District Etah pending in the court of the Additional Chief Judicial Magistrate, Etah. It has been argued that the applicants and opposite party no.2 are natives of the same village and there is an on going dispute over a certain land between them. The applicants have no criminal antecedents, and, in order to browbeat the applicants to settle the dispute over land, a patently incridible FIR has been lodged by the informant alleging that the applicants, on 14.11.2017 at 5:30 p.m., on account of some old animosity abused them, and, upon the informant asking them not to abuse, assaulted him with blows and when he ran for his life they chased him into his house and beat him up with sticks (Lathi and Danda). The submission is that the allegations are incredible. It would be evident from a perusal of the injury report in support of the prosecution case which shows the informant sustaining no injury but complaint of pain alone at three sites noticed in the medico legal examination report dated 14.11.2017. A prima facie case is made out. Issue notice to O.P. No.2 returnable in four weeks. List on the date fixed in the notice. Learned AGA may file counter affidavit in the aforesaid period. Till the next date of listing, further proceeding in Case No. 680 of 2018 (State vs. Kishunpal and others) arising out of Case Crime No. 832 of 2017, under Sections 452, 323, 504 IPC, P.S. Jalesar, District Etah pending in the court of the Additional Chief Judicial Magistrate, Etah shall remain stayed." 4. Today when the matter has been taken up, learned counsel for the parties has invited the attention towards supplementary affidavit dated 10.01.2025 annexure S.A.-I page-5 onwards. According to which reference whereof has been made in paragraph-2 that a compromise had been entered into between the parties on 21.12.2024. Learned counsel for the applicants submits that direction be issued for verification and in the meantime protection be accorded. 5. Learned AGA as well as learned counsel for opposite party no.2, has no objection to the same. 6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 18.04.2025 along with the self attested copy of the present application, certified copy of the order and original copy of compromise. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 10.07.2025. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of charge sheet dated 13.12.2017 and cognizance order dated 07.05.2018 as well as entire proceeding of Case No. 680 of 2018 (State vs. Kishunpal and Ors) arising out of Case Crime No.832 of 2017, under Section 452, 323, 504 IPC P.S. Jalesar, District Etah pending in the Court of Additional Chief Judicial Magistrate, (S.D.), Etah. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 2.4.2025 /C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad