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2025 DAILYLAW 59826 (ALL)

MOHAMMAD GULZAIB @ GULZEEB v. STATE OF U.P. AND 2 OTHERS

A482/42031/2023 · 2025-02-13

Vikas Budhwar

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Judgment text

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Neutral Citation No. - 2025:AHC:21010 Court No. - 74 Case :- APPLICATION U/S 482 No. - 42031 of 2023 Applicant :- Mohammad Gulzaib @ Gulzeeb Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Salman Ahmad,Saqib Meezan Counsel for Opposite Party :- Ekansh Varma,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Saqib Meezan, learned counsel for the applicant, Shri Moti Lal, learned AGA for the State and Shri Ekans Verma, learned counsel for opposite party Nos. 2 and 3. 2. This Court while entertaining the application, proceeded to pass the following orders on 30.01.2024: "1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 & 3 and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 02.01.2018 as well as the entire proceedings of Case No. 2334 of 2018 (State Vs. Mohammad Gulzeeb and others) arising out of Case Crime No.1115/2017, under Sections-420, 406 of IPC, Police Station- Majhola, District Moradabad pending in the court of learned A.C.J. (J.D.)/J.M., District Moradabad. 3. Learned counsel for the applicants submitted that the dispute was between financer and borrower and parties has reached for mutual settlement. Letter of settlement is brought on record as Annexure No.5. The parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing. 4. Learned counsel appearing for the opposite parties does not dispute the settlement of dispute. 5. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of three weeks from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court. 6. Put up after two months along with the report. 7. Till then no coercive measure shall be taken against the applicants in the aforesaid case. " 3. There is a report from the Chief Judicial Magistrate, court No.6, Moradabad dated 10.12.2024 that a compromise was entered into between the parties and also stood verified. 4. Learned AGA submits that there is nothing more to proceed with. 5. The application stands allowed. 6. In view of the above, entire proceedings of Case No. 2334 of 2018 (State Vs. Mohammad Gulzeeb and others) arising out of Case Crime No.1115/2017, under Sections-420, 406 of IPC, Police Station-Majhola, District Moradabad pending in the court of learned A.C.J. (J.D.)/J.M., District Moradabad are hereby quashed. Order Date :- 13.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad