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2025 DAILYLAW 33112 (ALL)

RASHID AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/24766/2023 · 2025-02-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20091 Court No. - 74 Case :- APPLICATION U/S 482 No. - 24766 of 2023 Applicant :- Rashid And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adil Khan,Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Adil Khan, learned counsel for the applicant and Shri S. K. Singh, learned A.G.A. for the State. 2. In view of the order, which is being proposed to be passed, notice is not being issued to opposite party no. 2. 3. This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire proceeding of Criminal Case No. 602 of 2021 (State Vs. Rashid and others) arising out of Case Crime No. 203 of 2020, under Sections 323, 324, 308 IPC, P.S.- Naugawan Sadat, District Amroha as well as summoning order dated 01.04.2023 passed by Civil Judge (S.D.)/FTC/Additional Chief Judicial Magistrate, Amroha. 4. Learned counsel for the applicants submits that during the pendency of the application, parties are entered into compromise on 26.09.2023 out of court, copy of which has been annexed as Annexure-SA-1, a reference whereof has been made in para 3. Learned counsel for the applicant submits that compromise be permitted to file before the court below and till the verification is done, interim protection be accorded. 5. Learned A.G.A. on the other hand submits that in case the position being so then the application be verified before the court below. 6. Having heard learned counsel for both the parties and perusing the record, the present application stands disposed of directing the applicant to submit the compromise application along with self attested copy of the application so preferred by the applicant in which the order is being passed and certified copy of order passed today, which by all eventuality is to be submitted by 05.03.2025 and on the receipt of the same, the court below shall make endeavour to conclude the proceedings for verification by 21.05.2023. Till the process of verification is given a legal conclusion, no coercive action shall be taken against the applicants in the Criminal Case No. 602 of 2021 (State Vs. Rashid and others) arising out of Case Crime No. 203 of 2020, under Sections 323, 324, 308 IPC, P.S.- Naugawan Sadat, District Amroha as well as summoning order dated 01.04.2023 passed by Civil Judge (S.D.)/FTC/Additional Chief Judicial Magistrate, Amroha. 7. The interim protection so accorded to the applicant, shall only be applicable in the contingency wherein the applicant stricts to the timelines and does not commit default any of the conditions mentioned hereinabove. 8. Post out come of the compromise, it is open for the applicants to again approach the court in case circumstances occasion. Order Date :- 11.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad