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2025 DAILYLAW 54706 (ALL)

SIYARAM AND 5 OTHERS v. STATE OF U.P. .AND ANOTHER

A482/37705/2023 · 2025-05-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85064 Court No. - 75 Case :- APPLICATION U/S 482 No. - 37705 of 2023 Applicant :- Siyaram And 5 Others Opposite Party :- State Of U.P. .And Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Mahesh Prasad Yadav Counsel for Opposite Party :- Chandra Bhushan Prasad,G.A.,Pawan Kumar Yadav Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ram Singh, Advocate, holding brief of Sri Mahesh Prasad Yadav, learned counsel for the applicants, Sri Sudhakar Shukla, Advocate, holding brief of Sri Pawan Kumar Yadav, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the impugned summoning order dated 01.12.2000 passed by learned Additional Chief Judicial Magistrate- VIII, Varanasi as well as entire criminal proceedings of Criminal Complaint Case No. 4083/2000 (new Case No. 1697/2017) u/s 147, 148, 436 I.P.C., Police Station- Balua, District- Chandauli, pending before the court of Civil Judge (Junior Division)/F.T.C.- I/Judicial Magistrate, Chandauli, on the basis of compromise executed between the parties dated 05.08.2023. 3. Contention of learned counsel for the applicants is that the parties have settled their dispute amicably and a written compromise dated 05.08.2023 has also been entered into between them. Copy of the same has been annexed at Annexure No.9 to the application. 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 compromise dated 05.08.2023 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 :- 15.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad