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2025 DAILYLAW 41827 (ALL)

ABID v. STATE OF U.P. AND ANOTHER

A482/30707/2018 · 2025-04-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50025 Court No. - 75 Case :- APPLICATION U/S 482 No. - 30707 of 2018 Applicant :- Abid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.,Vijay Kant Dwivedi Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rakesh Kumar Yadav, learned counsel for the applicant, Sri Buddhi Prakash Dwivedi, Advocate, holding brief of Sri Vijay Kant Dwivedi, learned counsel for the opposite party no. 2 and Sri K.K. Tripathi, learned A.G.A. for the State. 2. The present application has been filed to quash the charge-sheet dated 27.11.2017 as well as entire proceedings of Criminal Case No. 33 of 2018 (State Vs. Chanchal @ Shaista) arising out of Case Crime No. 640 of 2017 u/s 452, 323, 325, 504, 506 I.P.C., Police Station- Hapur Dehat, District- Hapur, pending in the court of Additional Chief Judicial Magistrate, Hapur. 3. Contention of learned counsel for the applicant is that dispute between the parties is civil in nature. Now, they have settled their dispute amicably and a written compromise dated 18.05.2023 has also been entered into between them. Copy of the same has been annexed as Annexure No. SA-1 to the supplementary affidavit dated 16.10.2023. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 18.05.2023 after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicant. 8. It is further provided that applicant is at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 7.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad