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2025 DAILYLAW 46763 (ALL)

SRI ARUNESH KUMAR SHARMA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/30674/2017 · 2025-09-15

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 30674 of 2017 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Vakalatnama filed by Mr. Krishna Kumar on behalf of opposite party No. 2 in Court today is taken on record. Heard learned counsel for the applicants, learned counsel for the opposite party No. 2, learned AGA for the State and perused the record. The present 482 Cr.P.C. application has been filed to quash the entire proceedings against the applicants in Case No. 9431/2016 (State v. Arunesh and others), arising out of Case Crime No. 66 of 2016, under Sections 147, 149, 504, 506. 332 IPC, Police Station-Kotwali, District-Bareilly pending in the Court of learned Chief Judicial Magistrate, Bareilly as well as charge sheet dated 01.05.2016. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 08.02.2016, which has been placed as "Annexure No.-3" to the application. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. Learned counsel for the opposite party No. 2 does not dispute the submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him. Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application Versus Counsel for Applicant(s) : Ashish Dwivedi Counsel for Opposite Party(s) : G.A., Ritwika Tripathi Sri Arunesh Kumar Sharma And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) with respect to compromise between the parties, which will be decided in accordance with law. In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is disposed of. September 16, 2025 Aditya Tripathi A482 No. 30674 of 2017 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad