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2025 DAILYLAW 43822 (ALL)

AKASH AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/30451/2023 · 2025-02-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20058 Court No. - 74 Case :- APPLICATION U/S 482 No. - 30451 of 2023 Applicant :- Akash And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tiwari,Arvind Kumar Singh Counsel for Opposite Party :- Bhuvnesh Kumar Singh,G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Abhishek Tiwari, learned counsel for the applicant as well as learned AGA and Sri Mahendra Pandey holding brief of Sri Bhuvnesh Kumar Singh for the opposite party No. 2. 3. This Court on 15.09.2023 proceeded to pass the following order.- "1. Heard Sri Mahendra Pandey, holding brief of Sri Abhishek Tiwari, learned counsel for the applicants and Sri B.K. Singh, learned counsel for opposite party No. 2. 2. Instant application has been filed with prayer to quash the entire proceedings of Sessions Trial No. 760 of 2021 (State Vs. Akash and others), arising out of Case Crime No. 0411 of 2020, under Sections 147, 148, 149, 307, 452, 506, 325 I.P.C., P.S.- Muradnagar, District- Ghaziabad, pending before District Sessions Judge, Ghaziabad as well as to quash the impugned chargesheet dated 16.09.2020 as well as cognizance order/summoning order dated 01.10.2020 passed by Additional Chief Judicial Magistrate, Ghaziabad. 3. Contention of counsel for the applicant is that, though in F.I.R. the allegation was made that one of the co-accused fired upon Kartari Devi which has also hit her, but in her statement Kartari Devi clearly denied of hitting of the bullet on her head. From perusal of injury report, no injury of fire arm appears to have been caused, all the injuries are simple in nature, therefore, present case at the most could fall under Section 308 I.P.C not under Section 307 I.P.C. It is further submitted that the parties have amicably settled their dispute with the help of respectable villagers and written compromise has already been filed before the Sessions Judge, Ghaziabad, which has been annexed as page No. 40. 4. Considering rival submission, District and Sessions Judge, Ghaziabad is directed to verify the aforesaid compromise after summoning the parties and after verification of the same, submit his report along with copy of verified compromise to this Court on or before the next date of listing. 5. List this case in the week commencing 30.10.2023 before appropriate Bench. 6. Till the next date of listing, no coercive action shall be taken against the applicants in Sessions Trial No. 760 of 2021 (State Vs. Akash and others) arising out of Case Crime No. 0411 of 2020, under Sections 147, 148, 149, 307, 452, 506, 325 I.P.C., P.S.- Muradnagar, District- Ghaziabad, pending before District Sessions Judge, Ghaziabad. 7. This matter shall not be treated as tied up or part heard to this Bench." 4. Pursuant to the same, there is a report of the Session Judge, Ghaziabad that the compromise has been done and verified. 5. Learned AGA as well as the counsel for the opposite party No. 2 has no objection to the same. 6. Thus, this Court finds that there is no reason to proceed with the matter. 7. Accordingly, the application is allowed. 8. The proceedings in Sessions Trial No. 760 of 2021 (State Vs. Akash and others) arising out of Case Crime No. 0411 of 2020, under Sections 147, 148, 149, 307, 452, 506, 325 I.P.C., P.S.- Muradnagar, District- Ghaziabad, pending before District Sessions Judge, Ghaziabad be quashed. Order Date :- 11.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad