SHIV SHANKER AND 2 ORS v. STATE OF U.P. AND ANOTHER
A482/39803/2018 · 2025-04-30
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53996 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53996 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:69275 Court No. - 75 Case :- APPLICATION U/S 482 No. - 39803 of 2018 Applicant :- Shiv Shanker And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- Ankit Srivastava,G.A.,Ravi Shankar Tripathi,Surya Bhan Yadav Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Bheshaj Puri, learned counsel for the applicants, Sri Surya Bhan Yadav, learned counsel for opposite party no.2 and Sri Sunil Kumar Singh, learned A.G.A. for the State.
2. The present application has been filed to quash the order dated 14.08.2018 passed by Additional District & Sessions Judge/Special Judge (Dacoity affected area), Budaun in case no. 307/2016 in Session Trial No. 35/2018 u/s 394 IPC, PS- Bilsi, District- Budaun.
3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is purely personal and private in nature. Now, they have settled their dispute which was also reduced to written compromise dated
01.12.2023. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed.
4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below.
5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same.
6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
7. For a period of two months, no coercive action shall be taken against the applicants.
8. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 1.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad