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Neutral Citation No. - 2025:AHC:138575 Court No. - 75 Case :- APPLICATION U/S 482 No. - 36826 of 2019 Applicant :- Ahsan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A.,Suvarna Singh,Upendra Singh Hon'ble Vikas Budhwar,J.
1. Supplementary Affidavit filed today is taken on record. 2. Heard Sri Mohammad Naushad, learned counsel for the applicants, Sri S.K. Singh, learned A.G.A. for the State and Sri Noor Ahmad (AoR No.A/N 0437/19) holding brief of Sri Upendra Singh, learned counsel for O.P. No. 2. 3. This is an application under Section 482 of CrPC preferred by the applicants for quashing of the Charge Sheet no.51 of 2019 dated 30.04.2019 in Case No. 2083/9 of 2019 (State vs. Ahsan and others) arising out of Case Crime No. 209 of 2017, under Sections 323, 324, 498-A, 504 IPC, P.S. -Garhi Pukhta, District - Shamli, pending in the Court of Chief Judicial Magistrate, Shamli. 4. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceedings, the parties have entered into compromise on 20.08.2021 and the said compromise has been filed before the court below on 27.08.2021, a copy whereof is Annexure-SA1 at page-6 of the supplementary affidavit, reference whereof is in paragraph-2. Learned counsel for the applicants submits that a direction be issued to the court below to verify the same and till verification is done, protection be accorded. 5. Learned A.G.A. as well as counsel for O.P. No. 2 have no objection. 6. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicants (parties) to appear before the court of Chief Judicial Magistrate, Shamli along with the self-attested copy of the application along with supplementary affidavit and certified copy of the order as well as original copy of the compromise by 22.08.2025, and on the said
motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to appear for verifying the compromise. 7.
Till the verification proceeding is completed, no coercive action shall be taken against the applicants in the proceedings with respect to Charge Sheet no.51 of 2019 dated 30.04.2019 in Case No. 2083/9 of 2019 (State vs. Ahsan and others) arising out of Case Crime No. 209 of 2017, under Sections 323, 324, 498-A, 504 IPC, P.S. -Garhi Pukhta, District - Shamli, pending in the Court of Chief Judicial Magistrate, Shamli. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein. 8. In case of default, protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. Order Date :- 12.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad