KHUSHI LAL ARUN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/22913/2023 · 2025-03-03
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33597 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31341 Court No. - 74 Case :- APPLICATION U/S 482 No. - 22913 of 2023 Applicant :- Khushi Lal Arun And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.,Lalit Kumar Tripathi Hon'ble Vikas Budhwar,J.
1. Heard Akhil Kumar Shukla, learned counsel for the applicants, Mr. S.K. Singh, learned AGA for the State and Sri Lalit Kumar Tripathi, learned counsel for opposite party No.2.
2. This Court on 04.07.2023 proceeded to pass the following order:
"Vakalatnama filed today by Sri Lalit Kumar Tripathi, Advocate on behalf of opposite party no.2 is taken on record. Heard Sri Akhil Kumar Shukla, learned counsel for applicants, Sri Lalit Kumar Tripathi, learned counsel for the opposite party no. 2 and the learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 01.09.2017 passed by Additional Chief Judicial Magistrate, Kannauj as well as entire proceedings of Criminal case no.687 of 2018 (Complaint Case No.1021 of 2017), under Sections 419, 420, 467, 471 IPC, P.S. Tirwa, District- Kannauj pending in the court of Civil Judge (Jr. Div) F.T.C./ Judicial Magistrate, Kannauj in terms of the compromise dated
11.01.2023. It is submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties. The said compromise has been filed before the court concerned. A copy whereof has been filed as annexure-5 to the affidavit. It is further contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303. Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending. List this case in the week commencing 21.08.2023 before the appropriate Bench.
Learned counsel for the applicant undertakes to ensure his presence before the court below or any other transferee court, as the case may be and the court concerned, thereafter, shall ascertain the veracity of the compromise. If
the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the applicant would be allowed to obtain certified copy thereof and file the same before this Court. Till the next date of listing, no coercive steps would be taken against the applicants. "
3. There happens to be a report of the Civil Judge (J.D.)/ FTC, Kannauj dated 18.08.2023 showing the fact that the parties have compromised and the same stands verified.
4. Learned counsel for the applicants submits that there is no remains to be further adjudicated with.
5. In view of the above, learned AGA for the State as well as
learned counsel appearing for the opposite party do not dispute the said fact and submits that they have no objection to the same.
6. Considering the submission of the parties and stand taken by them, the application stands disposed of.
7. The proceeding of Criminal Case No. 687 of 2018 (Complaint Case No.1021 of 2017) (Jawahar vs. Khushi Lal and Ors) under Sections 419, 420, 467, 471 IPC P.S. Tirwa District Kannauj pending in the court of Civil Judge (J.D.)/ FTC/ Judicial Magistrate, Kannauj are hereby quashed.
Order Date :- 4.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad