AJAY TRIPATHI ALIAS AJAY KUMAR TRIPATHI AND OTHERS v. State of U.P. AND ANOTHER
A482/11083/2024 · 2025-08-05
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43230 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132553 Court No. - 72 Case :- APPLICATION U/S 482 No. - 11083 of 2024 Applicant :- Ajay Tripathi Alias Ajay Kumar Tripathi And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.,Sudeep Kumar Pathak Hon'ble Deepak Verma,J.
1. Heard Sri Vikas Tiwari, learned counsel for the applicants, Sri Sudeep Kumar Pathak, learned counsel for the informant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 54 of 2022 (State Vs. Manoj Dwivedi & thers) as well as Charge Sheet No. 407 of 2021 dated 02-09-2021 arising out of Case Crime No. 700 of 2021 under sections 323, 504, 506 I.P.C. and Section 24/25 Senior Citizen Act, Police Station - Naubasta, District -Kanpur Nagar as well as impugned summoning order dated 16-12-2021 passed by Additional Chief Judicial Magistrate, 3rd, Kanpur Nagar, pending before the court of Special Chief Judicial Magistrate, Kanpur Nagar, in light of compromise.
3. Learned counsel for the applicants submits that applicant no.3 is son and applicant No.2 is daughter-in-law of opposite party no.2 and applicant no.1 is brother of applicant no.2. Applicants and opposite party no.2, who is mother of applicant No.3, have reconciled their differences out of the Court and compromise have entered between them which has been reduced in writing, the same has been filed as annexure 7 to the affidavit. Opposite party No.2 moved application on 11.12.2023 before trial court to quash the proceeding pending against the applicant before Special Chief Judicial Magistrate, Kanpur Nagar. He further submitted that FIR was registered U/s 323, 504, 506 I.P.C. and Section 24/25 of Senior Citizen Act. Application moved by opposite party no.2 before court concerned in regard to compounding of the offence pending against the applicants till today trial court has not passed any order.
4. Learned counsel appearing for the opposite party no. 2 has not made any objection and does not dispute the correctness of the
facts and submitted that it is a family matter and both the parties
have entered into compromise and opposite party does not want to pursue the case further. Offence U/s 323, 504, 506 I.P.C. and Section 24/25 Senior Citizen Act are compoundable offence.
5. The parties are directed to file a fresh application in regard to compounding of the offence U/s 323, 504, 506 I.P.C. and Section 24/25 Senior Citizen Act before the court concerned within two weeks from today along with a certified copy of this order, thereafter, court concerned shall pass an order U/s 320 Cr.P.C. within three weeks from the date of filing of the application after hearing both the parties.
6. Till then no coercive action shall be taken.
7. With the aforesaid observation, the present 482 application stands disposed off.
Order Date :- 6.8.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad