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2025 DAILYLAW 55938 (ALL)

SAUD KHAN v. STATE OF UP AND ANOTHER

A482/41742/2018 · 2025-05-14

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80685 Court No. - 73 Case :- APPLICATION U/S 482 No. - 41742 of 2018 Applicant :- Saud Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saba Khan,Syed Faiz Hasnain Counsel for Opposite Party :- Ashfaq Ahmed Ansari,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant as well as Sri S.P. Singh, learned State Law Officer and Sri Ankaj Kumar Pal, learned counsel for opposite party no.2. 2. This is an application filed U/s 482 Cr.P.C. for quashing the charge sheet dated 18.01.2018 in case no. 478/9 of 2018 pending in the court of Judicial Magistrate District Shamli (Prbhudh Nagar) arising out of case crime no. 317 of 2017 U/s 387 IPC, P.S. Ghari Pukhta, District Shamli. 3. Learned counsel for the applicant submitted that during the pendency of the present proceedings, the parties have entered into a compromise on 23.07.2024/ 21.08.2024 and the same has been filed before the court of Civil Judge (S.D) Kairana. A copy whereof is annexure S.A.- I at page 10 of the paper book. Reference whereof has been made in para-3 of the affidavit. Learned counsel for the applicant submits that till verification is done by the court below, protection be accorded to the applicant. 5. Learned AGA as well as learned counsel for opposite party no.2, has not disputed the fact. 6. Considering the said submission so made across the bar, the application stands disposed of directing the applicant to appear before the court below by 30.05.2025 along with the self attested copy of the present application, along with the supplementary affidavit as well as certified copy of the order and compromise. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants with most expedition. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicant in proceeding of charge sheet dated 18.01.2018 in case no. 478/9 of 2018 pending in the court of Judicial Magistrate District Shamli (Prbhudh Nagar) arising out of case crime no. 317 of 2017 U/s 387 IPC, P.S. Ghari Pukhta, District Shamli. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 15.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad