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Neutral Citation No. - 2025:AHC:17619 Court No. - 74 Case :- APPLICATION U/S 482 No. - 29564 of 2021 Applicant :- Kusum Lata Chaudhari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Dubey,Vashistha Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Two affidavits, one from the applicant's side and another from the opposite party No.2 is taken on record. 2. Heard Shri Manoj Kumar Dubey, learned counsel for the applicant, Shri Sunil Pratap Singh, learned State Law Officer for the State as well as Shri Sanjay Shukla, learned counsel for the opposite party No.2. 3. The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings in Case No. 120890 of 2021 (State Vs. Kusumlata Chaudhary), arising out of charge-sheet dated 07.09.2021 filed in Case Crime No.460 of 2019, under Sections 419, 420, 467, 468, 471, 476, 386, 506, I.P.C., Police Station- Cantt, District Gorakhpur along with cognizance order dated 01.10.2021 passed by learned Chief Judicial Magistrate, Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur. 4. This Court on 24.05.2023 proceeded to pass the following order:
"Heard Sri Manoj Kumar Dubey, learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for quashing
of entire proceedings in Case No. 120890 of 2021 (State Vs. Kusumlata Chaudhary), arising out of Case Crime No.460 of 2019, under Sections 419, 420, 467, 468, 471, 506, 476, 386 I.P.C., P.S. Cantt., District Gorakhpur. It has been stated that the parties have amicably settled their disputes and have entered into the compromise. The compromise deed has been annexed as Annexure SA-1 to the supplementary affidavit filed on 09.05.2021. The applicant shall file an application along with the compromise deed before the concerned Court below within 15 days for verification of the compromise. On receiving the said application the Court below shall take steps for verification of the compromise, within 15 days from date of receiving application and compromise, and shall prepare a report. The parties on filing a suitable application shall also be given a certified copy of the report. List in the last week of July, 2023, on which date, the applicant shall file the report of the concerned Court regarding the verification of the compromise.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case "
5. Thereafter the matter was compromised and there is a report of Chief Judicial Magistrate, Gorakhpur dated 01.08.2023 regarding verification of the compromise. The parties are themselves present before the Court and they have filed their respective affidavits being affixed with the comprise and all the conditions stands complied with. 6. Learned counsel for the applicant submits that the proceedings be quashed. 7. In view of the above, learned State Law Officer as well as
learned counsel for the opposite party No.2 states that they have no objection to the same.
8. Considering the submission of the parties and stand taken by
them, the application stands disposed of.
9. Proceedings in Case No. 120890 of 2021 (State Vs. Kusumlata Chaudhary), arising out of charge-sheet dated 07.09.2021 filed in Case Crime No.460 of 2019, under Sections 419, 420, 467, 468, 471, 476, 386, 506, I.P.C., Police Station- Cantt, District Gorakhpur along with cognizance order dated 01.10.2021 passed by learned Chief Judicial Magistrate, Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur are hereby quashed.
10. Compensation, if any, be paid as per rules.
Order Date :- 6.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad