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2025 DAILYLAW 63611 (ALL)

ARVIND SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/44583/2023 · 2025-03-05

Vikas Budhwar

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:33067 Court No. - 74 Case :- APPLICATION U/S 482 No. - 44583 of 2023 Applicant :- Arvind Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Jay Singh Yadav, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State. 2. This Court on 04.01.2024 proceeded to pass the following order: "Learned counsel for the applicants has relied upon the compromise dated 8.5.2023 (Annexure No.6) to contend that parties have amicably settled the dispute, he prays for quashing of the F.I.R. No. 14 of 2020, charge sheet dated 218.2020 and other proceedings arising therefrom. Learned counsel has also drawn the attention of the Court to the order dated 31.10.2023 passed by this Court in Application U/S 482 No. 37964 of 2023 to highlight that on the basis of the same compromise, a separate petition seeking quashing of the cross case bearing Case Crime No. 13 of 2020, under Sections 323, 504, 506,308/325 I.P.C., Police Station Balabehat, Districct Lalitpur registered at the instance of applicants is also pending. Connect and list this case along with Application U/S 482 No. 37964 of 2023. " 3. Thereafter this Court passed the following orders dated 31.05.2024 & 21.10.2024 which reads as under: "1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the charge sheet dated 12.04.2012 in Case Crime No. 74 of 2011 (Case No. 127 of 2012) under sections 420, 467, 468, 471, 120-B, 329 I.P.C., Police Station Fugana, District Muzaffar Nagar submitted by the Investigating Officer against the applicants before the court of C.J.M. Muzaffar Nagar. 3. Learned counsel for the applicants submits that the parties have entered into a compromise. 4. Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned. 5. In the interest of justice, the applicants and the opposite party no.2 are directed to appear before the court concerned on 20.06.2024 and shall submit the compromise, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within 15 days thereafter. 6. List on 13.08.2024 in top ten cases. 7. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed. " "In Re: Crl. Misc. Correction Application No. 4 of 2024 1. This is an application for correction of the order dated 31.05.2024. 2. Application is allowed. 3. Second paragraph of the order dated 31.05.2024 is hereby recalled and replaced by the following paragraph: "2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the cognizance/summoning order dated 18.09.2020 and charge-sheet dated 21.08.2020, as well as, entire criminal proceedings of Case No. 2876 of 2020 (State vs. Arvind and others) arising out of Case Crime No. 14 of 2020 under Sections 323, 427, 504, 506, 325 IPC, P.S. Balabehat, District Lalitpur submitted by the Investigating Officer against the applicants before the court of Additional Chief Judicial Magistrate, Lalitpur." 4. Accordingly, applicants are granted 15 days further time to comply with the order dated 31.05.2024. " 4. There is a report dated 16.11.2024 of Civil Judge (S.D)/ FTC, Lalitpur showing the fact that compromise has been entered into between the parties and the same stands verified also. Learned counsel for the applicants has also pointed that an Application U/s 482 Cr.P.C. No.37964 of 2023 (Parmal Singh & two Ors) decided on 16.02.2024 wherein the cross case, in which the proceedings have also been quashed. 5. Learned counsel for the applicants submits that there is no remains to be further adjudicated. 6. Learned AGA as well a the counsel for the opposite party No. 2 has no objection if the proceedings against the applicants are quashed. 7. Thus, this Court finds that there is no reason to proceed with the matter. 8. Accordingly, the application is allowed. 9. The proceedings of Criminal Case No. 2876 of 2020, (State vs. Arvind & Ors) arising out of Case Crime No. 14 of 2020, under Sections 323, 427, 504, 506, 325 IPC, Police Station Bababehat, District Lalitpur pending in the Court of Additional Chief Judicial Magistrate, Lalitpur are hereby quashed. Order Date :- 6.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad