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Neutral Citation No. - 2025:AHC:48807 Court No. - 73 Case :- APPLICATION U/S 482 No. - 29040 of 2007 Applicant :- Harveer And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.S. Pundir Counsel for Opposite Party :- Govt. Advocate Hon'ble Vikas Budhwar,J.
1. Second Supplementary affidavit filed today is taken on record.
2. Heard Sri P.S. Pundir, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State.
3. This is an application U/s 482 Cr.P.C. filed for quashing the
order dated 23.11.2007 passed by Additional Chief Judicial Magistrate court no.2 Muzaffarnagar in Case No. 876/9 of 2007 (State of U.P. vs. Harveer and Ors) under Section 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Civil Lines, District Muzaffarnagar.
4. On 31.03.2022 this Court had proceeded to pass the following
order:
"The submission of learned counsel for the applicants is that through good offices of certain well-meaning persons the parties have amicably settled the dispute among themselves and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them. Let compromise, if any, be filed before trial court, where it shall be verified in presence of both sides and after its verification, certified copy of compromise along with verification order of trial court concerned, be filed on record of this Court, by way of supplementary affidavit. List this case on 25.04.2022 before the appropriate Bench. "
5. Thereafter on 24.07.2022 this Court had passed the following
order:
"Learned counsel for the applicants as well as learned A.G.A. are present. It is submitted by learned counsel for the applicants that in this case parties have entered into compromise and settled their dispute amicably. Compromise has already been filed before the learned trial court in pursuance to the order dated 31.03.2022 but it has not been verified till now, therefore, request to direct the learned trial court to get the compromise verified and then to decide the matter in terms of compromise.
Learned A.G.A. has no objection in this regard. On considering the facts and circumstances of the case, submissions made by
learned counsel for the applicants as well as learned A.G.A., it is expedient to direct the parties to appear before the learned trial court within a period of 30 days and the learned trial court is to get the compromise verified and then transmit the copy of verified compromise to this Court or learned counsel may file certified copy of the same thereof. List on 27.08.2024. "
6. Learned counsel for the applicants submits that a compromise application stood preferred before the court below on 17.09.2024, certified copy whereof is annexed S.A.-I at page-6 relevant extract at page-9 of the paper book and the same stood verified on 17.09.2024 itself.
7. Learned counsel for the applicants submits that the proceedings be quashed.
8. In view of the above, learned AGA for the State submits that they have no objection to the same.
9. Considering the submission of the parties and stand taken by them, the application stands allowed.
10. The proceedings of order dated 23.11.2007 passed by Additional Chief Judicial Magistrate court no.2 Muzaffarnagar in Case No. 876/9 of 2007 (State of U.P. vs. Harveer and Ors) under Section 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Civil Lines, District Muzaffarnagar are hereby quashed.
9. It has been apprised that the present application is connected with Application U/s 482 Cr.P.C. No. 18238 of 2008 (Nanak Ram and Ors vs. State of U.P. & another). Office is directed to de-link the connected application with the present application and list before appropriate Bench.
Order Date :- 4.4.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad