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2025 DAILYLAW 44288 (ALL)

SARITA KUMARI @ SARITA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/35106/2019 · 2025-01-23

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:12352 Court No. - 77 Case :- APPLICATION U/S 482 No. - 35106 of 2019 Applicant :- Sarita Kumari @ Sarita And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sajiya Parveen,Sandeep Kumar Sharma,Vatsala Counsel for Opposite Party :- G.A.,Rajesh Kumar,Rajjan Kumar,Upendra Kumar Pushkar Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sandeep Kumar Sharma, learned counsel for the applicants, Sri Rajjan Kumar, learned counsel for the opposite party no. 2 and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 21.06.2019 passed in Complaint Case No. 1442 of 2018 (Rajesh Kumari Vs. Bangali Singh) by Judicial Magistrate, Hathras, along with entire proceedings of Complaint Case No. 1442 of 2018 u/s 420, 467, 468, 471, 506 I.P.C., Police Station- Hathras Junction, District- Hathras. 3. Contention of learned counsel for the applicants is that dispute between the parties is essentially civil in nature. Now, they have settled their dispute which was also reduced into written compromise dated 05.09.2023. Copy of the same has been filed at page 7 of the supplementary affidavit dated 15.09.2023 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 05.09.2023 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. For a period of two months, no coercive action shall be taken against the applicants. 7. It is further provided that applicants are at liberty to file fresh application u/s 482 Cr.P.C., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 23.1.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad