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Neutral Citation No. - 2025:AHC:74675 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13935 of 2025 Applicant :- Vinay Kumar Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Babu Mishra,Ravindra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with the prayer to quash the further proceedings of Criminal Case no. 3708 of 2022, Case Crime no. 183 of 2019 (State vs. Vinay Kumar Nishad) under Section 379 IPC & Section 3/57/7 of U.P. Up- Khanij Niyamawali, 4/21 Khan Evam Khanij Adhinium, PS- Sarai Akil, District Kaushambi pending in the court of learned Chief Judicial Magistrate, Kaushambi as well as charge sheet along with cognizance order dated 27.07.2022.
3. At the very outset, learned counsel for applicant submitted that all the offences wherein the applicant has been implicated are compoundable in nature and applicant is also ready to deposit the compounding fee. Nothing more has been submitted by learned counsel for applicant in respect of the genuineness and legality of the charge sheet which has been preferred against the applicant.
4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but showed his agreement to the prayer made for compounding the offence.
5. Be that as it may, without interfering into the merits of the matter, considering the argument raised by learned counsel for the applicant, applicant will be at liberty to deposit compounding fee and learned court concerned is directed that, if there is no other legal impediment, after deposition of compounding fee by the applicant, the matter be decided/compounded in accordance with law.
6. The instant petition stands disposed of accordingly. Order Date :- 7.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad