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2025 DAILYLAW 41924 (ALL)

VIJAY PAL SINGH KHATANA v. STATE OF U.P. AND ANOTHER

A482/29583/2022 · 2025-04-20

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59538 Court No. - 73 Case :- APPLICATION U/S 482 No. - 29583 of 2022 Applicant :- Vijay Pal Singh Khatana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Somesh Khare Counsel for Opposite Party :- G.A.,Vijay Shyam Bhasker,Vimal Kumar Hon'ble Vikas Budhwar,J. 1. Second supplementary affidavit filed today is taken on record. 2. Heard Sri Alok Singh, learned counsel for the applicant, Sri S.K. Singh, learned AGA for the State/opposite party no.1 as well as Shri Vijay Shyam Bhasker and Vimal Kumar, counsel for opposite party no. 2. 3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 1027 of 2021, under Sections 307, 323, 506 IPC, police station Beta II, Greater Noida pending before the court of learned Chief Judicial Magistrate, Gautam Budh Nagar. 4. Learned counsel for the applicant has submitted that during the pendency of the said proceedings, parties have compromised and taking into note of the said aspect. This Court on 28.03.2023 proceeded to pass the following orders: "Heard learned counsel for the applicant and learned AGA. Learned counsel for the applicant submitted that there is all likelihood that the matter may be compromised as the parties have filed affidavits before the court below. Learned counsel for the applicant prays for some time to file the compromise before the court below. Court below is directed to verify the compromise in case the same is filed before it and submit report about verification of compromise to this Court by the next date of listing. List this case on 3.5.2023. Till then, interim order, if any, granted earlier shall hold good." 6. While drawing attention towards the second supplementary affidavit, it is contended that the compromise so entered into between the parties stands verified on 12.09.2024, a copy thereof is already on record Annexure-SA2 page 9, relevant extract para- 11 of the paper book. Reliance has also been placed upon the judgment in the case of Virendra Kumar Singh and others v. State of UP and others; Application U/S 482 No.19240 of 2024, decided on 23.09.2024. Learned counsel for the applicant submits that it was on account of pity differences which acted as a catalyst and therefrom the criminal proceedings was sought to be inflicted. 7. Learned AGA as well as counsel appearing for the opposite party no. 2 have no objection to the same. According to the counsel for the opposite party no. 2, the proceedings be quashed in that regard in the exercise of the inherent jurisdiction. 8. Accordingly, looking into the facts and circumstances of the case, coupled with the facts parties have themselves voluntarily compromised and the same stands verified and also the nature of allegations as well as the judgment in the case of Virendra Kumar Singh (supra), the present case is to be a fit case not too proceeded further, accordingly the proceedings be quashed. 9. Accordingly, the application is allowed. 10. The proceedings of Criminal Case No. 1027 of 2021, under Sections 307, 323, 506 IPC, police station Beta II, Greater Noida pending before the court of learned Chief Judicial Magistrate, Gautam Budh Nagar be quashed. Order Date :- 21.4.2025/A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad