Neutral Citation No. - 2025:AHC:51104 Court No. - 73 Case :- APPLICATION U/S 482 No. - 3109 of 2012 (Leading Application) Applicant :- Sunil Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.P. Dwivedi Counsel for Opposite Party :- Ajay Kumar Pandey,K.K.Dwivedi,Kiran Tiwari Connected with Case :- APPLICATION U/S 482 No. - 3110 of 2012 (Connected Application) Applicant :- Sunil Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.P. Dwivedi Counsel for Opposite Party :- Ajay Kumar Pandey,K.K.Dwivedi,Kiran Tiwari Hon'ble Vikas Budhwar,J. 1. Heard Sri R.P. Dwivedi, learned counsel for the applicant as well as Sri R.K. Ojha, learned State Law Officer for the State and Sri Udisha Tripathi, (AOR No. A/U0759/2021) holding brief of Sri Ajay Kumar Pandey, learned counsel for opposite party no.2. 2. The leading application has been preferred by the applicant for quashing the complaint case no. 1901 of 2011 (Dharmendra Pandey vs. Sunil Kumar Singh) under section 420 IPC, P.S. New Agra, District Agra pending in the court of ACJM 10- Agra. 3. This Court while entertaining the present application on 30.01.2012, the following order passed: "Heard learned counsel for the applicant and perused the impugned order. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks' time to file counter affidavit. Issue notice to opposite party no. 2, who may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List after eight weeks before the appropriate Court. It is contended by learned counsel for the applicant that the impugned complaint has been filed by the opposite party no. 2 three years after the date of alleged incident against the applicant containing absolutely false and vexatious allegations as a counterblast to the criminal case which has been registered against him on the basis of the F.I.R. lodged by the applicant in the year 2009 which was registered as Case Crime No. 338 of 2009 and in which the applicants has been summoned to face trial of the offences under Section 307 I.P.C. Submissions made by learned counsel for the applicant, prima facie, appear to be correct and he has made out a case for grant of interim relief. In this view of the matter, till the next date of listing, further proceedings of Complaint Case No. 1901 of 2011, under Section 420 I.P.C., P.S. New Agra, district Agra pending before the A.C.J.M.-10, Agra shall remain stayed. " 4. In so far as the connected application is concerned, the applicant therein has filed an application for quashing the complaint case no. 1902 of 2011 (Dharmendra Pandey vs. Sunil Kumar Singh) under section 406 IPC, P.S. New Agra, District Agra pending in the court of ACJM 10- Agra. 5. This Court while entertaining the connected application on 30.01.2012 the following order passed: "Heard learned counsel for the applicant and perused the impugned order. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks' time to file counter affidavit. Issue notice to opposite party no. 2, who may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter. Connect and list along with the Application U/S 482 No. 3109 of 2012 after eight weeks before the appropriate Court. It is contended by learned counsel for the applicant that the impugned complaint has been filed by the opposite party no. 2 two years and five months after the date of alleged incident against the applicant containing absolutely false and vexatious allegations as a counterblast to the criminal case which has been registered against him on the basis of the F.I.R. lodged by the applicant in the year 2009 which was registered as Case Crime No. 338 of 2009 and in which the applicants has been summoned to face trial of the offences under Section 307 I.P.C. Submissions made by learned counsel for the applicant, prima facie, appear to be correct and he has made out a case for grant of interim relief. In this view of the matter, till the next date of listing, further proceedings of Complaint Case No. 1902 of 2011, under Section 406 I.P.C., P.S. New Agra, district Agra pending before the A.C.J.M.-10, Agra shall remain stayed. " 6. Learned counsel for the applicant submits that during the pendency of the said proceedings the parties have entered into compromise and in so far as the leading application is concerned, a supplementary affidavit has been filed dated 04.08.2024 wherein a joint compromise affidavit dated 06.07.2024 which has been filed before the court below on 10.07.2024. 7. Similarly in connected application, a joint affidavit dated 06.07.2024 has been filed before the court below on 10.07.2024 reference whereof has been made in supplementary affidavit dated 25.08.2024 at page 8/9 of the affidavit. 8. Learned AGA and learned counsel appearing for opposite party no.2 has no objection to the same. 9. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 25.04.2025 along with the self attested copy of the present application with affidavits, certified copy of the order. 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 second week of July, 2025. 10. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in both the applications of proceedings in complaint case no. 1901 of 2011 and 1902 of 2011, (Dharmendra Pandey vs. Sunil Kumar Singh) under Section 420 and 406 IPC P.S. New Agra District Agra pending in the Court of Additional Chief Judicial Magistrate, 10, Agra. 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 :- 7.4.2025 /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