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Neutral Citation No. - 2025:AHC:27886 Court No. - 74 Case :- APPLICATION U/S 482 No. - 12987 of 2024 Applicant :- Amit Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narsingh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Mr. Narsingh Pandey, learned counsel for the applicant, Mr. S.K. Singh, learned AGA for the State and Mr. Ramashanker Upadhyay, Advocate holding brief of Shri Rajesh Kumar Mishra,
learned counsel for opposite party No.2.
2. This Court on 24.04.2024 proceeded to pass the following order:
"Sri Rajesh Kumar Mishra, learned counsel has filed his Power on behalf of opposite party No. 2 is taken on record. Compromise affidavit filed by learned counsel for the opposite party No. 2 is taken on record. Heard learned counsel for the applicant, learned counsel for the opposite party No. 2 and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 33 of 2011 dated 10.11.2011 and cognizance order dated 10.09.2012 as well as entire proceeding of S.S.T. No. 92 of 2013 (State Vs. Amit Kumar Mishra), Case Crime No. 873 of 2011, under Sections 419, 420, 406, 468, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Sonaha, District-Basti on the basis of compromise.
Learned counsel for the applicant and opposite party No. 2 submit that the parties have amicably settled their disputes vide compromise dated 24.01.2024 which has been placed as Annexure No. 4 to the present application. Looking to the facts of the case, it is provided that the parties shall appear and file the said compromise before the Court concerned, who shall verify the same within 30 days thereafter and send his report to this Court. A report shall be called from the District Magistrate, Basti whether any compensation was paid to the opposite party No. 2/victim and the said amount has been returned back to the authority concerned or not. List this case in the additional cause list on 24.05.2024 alongwith the
Verification Report and Compensation Report showing the name of Sri Rajesh Kumar Mishra, as counsel for the opposite party No. 2. In the meantime, no coercive measures shall be taken against the applicant in Case Crime No. 873 of 2011, under Sections 419, 420, 406, 468, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Sonaha, District- Basti. "
3. There happens to be a report of Additional Sessions Judge/Special Judge (SC./S.T. Act), Basti dated 09.07.2024 showing the fact that the parties have compromised and the same stands verified and an amount Rs.6250/- stands deposited by the victim.
4. Learned counsel for the applicants submits that 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 submission of the parties and stand taken by them, the application stands disposed of.
7. The charge sheet No. 33 of 2011 dated 10.11.2011 and cognizance order dated 10.09.2012 as well as entire proceeding of S.S.T. No. 92 of 2013 (State Vs. Amit Kumar Mishra), Case Crime No. 873 of 2011, under Sections 419, 420, 406, 468, 504, 506 IPC and Section 3(1)(x) of the S.C./S.T. Act, Police Station-Sonaha, District-Basti are hereby quashed.
Order Date :- 20.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad