SMT SANGEETA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/15529/2024 · 2025-04-03
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:48591 Court No. - 73 Case :- APPLICATION U/S 482 No. - 15529 of 2024 Applicant :- Smt Sangeeta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.,Sandeep Kumar Chaurasiya Hon'ble Vikas Budhwar,J.
1. Heard Sri Anil Kumar Mishra, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Sandeep Kumar Chaurasia, learned counsel for the opposite party No. 2. 2. This Court on 26.09.2024 proceeded to pass the following order:
"Supplementary affidavit filed by the learned counsel for applicants in Court today is taken on record. Heard Mr. Anil Kumar Mishra, the learned counsel for applicants and the learned A.G.A. for State-opposite party 1. Perused the record. Present application came up for admission on 17.05.2024 and this Court passed following order :-
"1. Heard Sri Anil Kumar Mishra, learned counsel for the applicant and learned AGA for the State. 2. Learned counsel for the applicants submitted that the parties had entered into compromise in the matter. He prays for and is granted ten days time to file the compromise deed before the court below to get verified the same. 3. The court below is directed to verify the compromise, in case the same is filed before it, and submit its report about verification of compromise to this Court on or before 30.5.2024. 4. Put up this case on 30.5.2024 as fresh along with verification report. 5. Till the next date of listing, no coercive action shall be taken against the applicants pursuant to Case No. 12089 of 2022 (State Vs. Sangeeta and others), arising out of Case Crime No. 603 of 2021, under Sections 452, 323, 506 IPC, Police Station- Majhola, District- Moradabad pending in the Court of Chief Judicial Magistrate, Moradabad including the charge sheet dated 21.8.2021 as well as cognizance/summoning order dated 21.4.2022." Pursuant to above order dated 17.05.2024 passed by this Court, the parties
appeared before court below and thereafter court below has verified the compromise entered into between the parties. Verification report dated 22.05.2024 has also been sent by court below to this Court. However, from perusal of the order-sheet, this Court finds that no notice has been issued to first informant-opposite party 2. In view of above, let notice be issued to opposite party 2.
Notice on behalf of opposite party 1 has been accepted by the learned A.G.A. All the opposite parties may file their respective counter affidavits with four weeks. Applicants will have two weeks thereafter to file rejoinder affidavit. List for admission on 25.11.2024. Considering the facts and circumstances of the case as noted herein-above, as an interim measure, it is hereby provided that until further orders of this Court no coercive action shall be taken by court below against accused- applicants in Case no.12089 of 2022 (State Vs. Sangeeta and others), under Sections 452, 323, 506 IPC, police station Majhola, district Moradabad. "
4. There is a report dated 22.05.2024 of ACJM showing the fact that compromise has been entered into between the parties and the same stands verified also. 5. Learned AGA as well a the counsel for the opposite party No. 2 has no objection if the proceedings against the applicants are quashed. 6. Thus, this Court finds that there is no reason to proceed with the matter. 7. Accordingly, the application is allowed. 8. The proceedings of Criminal Case No. 12089 of 2022 (State vs. Sangeeta and Ors) arising out of Case Crime No. 603 of 2021, under Sections 452, 323, 506 IPC, Act Police Station Majhola District Moradabad as well as charge sheet dated 21.08. 2021 along with cognizance/ summoning order dated 21.04.2022 passed by learned Chief Judicial Magistrate, Moradabad be quashed. Order Date :- 4.4.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad