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2025 DAILYLAW 40043 (ALL)

OMPRAKASH AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12565/2025 · 2025-04-15

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55430 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12565 of 2025 Applicant :- Omprakash And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Short counter affidavit along with vakalatnama filed on behalf of opposite party no. 2 by Sri Vinay Kumar Singh Singrour, learned counsel for opposite party no. 2 is taken on record. 2. Heard learned counsel for applicants and the learned A.G.A. for the State. 3. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 09.10.2017, of Complaint Case No. 7393 of 2017 C.N.R. No. UPM004025638-2017 (Usha Vs. Omprakash & Others), under Sections 323, 354, 504, 506 I.P.C., Police Station Bilari, District Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Moradabad in terms of the compromise arrived at between the parties. 4. It is submitted by learned counsel for the applicants that dispute between the parties is private in nature and the impugned complaint was lodged under misconception. Now, both the parties have amicably settled the dispute and compromised the case and thus, the impugned proceedings are liable to be quashed on the basis of compromise between the parties. 5. Learned A.G.A. submits that parties may file compromise before the Court concerned and the same may be verified and acted upon accordingly. 6. Considering submissions of learned counsel for the parties, the present application is disposed of with direction to the Court concerned that in case the parties file an appropriate application for compromise within a period of three weeks from today, the same shall be verified in accordance with law and the parties shall be permitted to obtain certified copy of the order of verification. The aforesaid exercise of verification shall be completed within a period of two months from today from the date of receipt of certified copy of this order. For a period of three weeks from today and in case such an application for compromise is filed within the period of three weeks from today, till the process of verification, no coercive action shall be taken against the applicants in the aforesaid case. 7. It is further provided that applicants would be at liberty to file fresh application under Section 482 Cr.P.C. for quashing of impugned proceedings on the basis of verification of compromise. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. is disposed of. Order Date :- 16.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad