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2025 DAILYLAW 49429 (ALL)

PAWAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/34029/2023 · 2025-03-03

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31366 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34029 of 2023 Applicant :- Pawan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sanjay Kumar Pandey, learned counsel for the applicants, Mr. S.P. Singh, learned AGA for the State . 2. This Court on 14.09.2023 proceeded to pass the following order: "1. Heard Sri Ramesh Kumar, learned A.G.A. for the State. No one has appeared on behalf of the applicants. 2. Instant application has been filed with prayer to quash the whole proceeding in Criminal Case No. 18734 of 2022 in pursuance of Case Crime No. 1232 of 2020, along with summoning order dated 07.07.2022 and chargesheet dated 27.12.2020, under Sections 420, 406, 504, 506 I.P.C., P.S.- Cantt, District- Gorakhpur on the basis of compromise application dated 08.08.2023 (State Vs. Pawan Kumar Verma and others), which is pending in the court of Chief Judicial Magistrate, Gorakhpur. 3. From perusal of record, it appears that parties have settled their dispute amicably and also filed written compromise dated 08.08.2023 before Chief Judicial Magistrate, Gorakhpur, therefore applicant prayed for quashing of proceeding on the basis of aforesaid compromise. 4. In view of the above circumstances, it would be appropriate to verify the compromise from the concerned court. Therefore, Chief Judicial Magistrate, Gorakhpur is directed to verify the aforesaid compromise, after summoning the parties and after verification of the aforesaid compromise, he will forward 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 16.10.2023 before appropriate Bench. 6. Till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No. 18734 of 2022 arising out of Case Crime No. 1232 of 2020, under Sections 420, 406, 504, 506 I.P.C., P.S.- Cantt, District- Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur. 7. Matter shall not be treated as tied up or part heard to this Bench. " 3. There happens to be a report of the Chief Judicial Magistrate, Gorakhpur dated 30.09.2024 showing the fact that the parties have compromised and the same stands verified. 4. Learned counsel for the applicants submits that though the compromise has been verified then the proceedings be quashed. 5. In view of the above, learned AGA for the State as well as learned counsel appearing for the opposite party do not dispute the said fact and submits that they have no objection to the same. 6. Considering the same in view of the judgment passed in the case of State of Madhya Pradesh vs. Laxmi Narayan, this Court exercise its power under Section 482 Cr.P.C. while quashing the present proceedings. Accordingly the present application stands disposed of. 7. The proceeding of Criminal Case No. 18734 of 2022 (State vs. Pawan Kumar Verma and Ors) arising out of case crime no. 1232 of 2020 under Sections 420, 406, 506 IPC P.S. Cantt. District Gorakhpur pending in the court of Chief Judicial Magistrate,Gorakhpur are hereby quashed. Order Date :- 4.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad