Neutral Citation No. - 2025:AHC:56771 Court No. - 73 Case :- APPLICATION U/S 482 No. - 18586 of 2024 Applicant :- Ajay Alias Sonu And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vinod Kumar Yadav,, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri R.B. Pal, learned counsel for the opposite party No. 2. 2. This Court on 03.06.2024 proceeded to pass the following order: "The Additional Chief Judicial Magistrate, Azamgarh has refused to verify the compromise filed in this case prima facie in disobedience to the order dated 05.12.2023, which required the parties to appear before the Magistrate and verify the compromise. It would be endorsed by the Court regarding the factum of compromise. The order dated 05.12.2023 was passed by this Court in Application u/s 482 No. 41647 of 2023, directing the Magistrate to verify the compromise filed before him so that this Court could consider the applicant's case of quashing those proceedings. This Court did not require the Magistrate to decide the case in terms of the compromise. However, the Additional Chief Judicial Magistrate, Azamgarh has refused to verify the compromise at all on the ground that the offences are non-compoundable. The Magistrate must understand that this Court knows the law that the offences are non-compoundable and made orders asking him to verify the compromise so that in a fresh application, regarding which liberty was given to the applicant to prefer under Section 482 Cr.P.C., we could consider the question of quashing the proceedings on the basis of the compromise verified by the Magistrate. The Magistrate, by his apparently illegal order impugned dated 06.03.2024, passed in violation of our order dated 05.12.2023, has scuttled the compromise and attempted to interfere with the exercise of our jurisdiction under Section 842 Cr.P.C. Issue notice. Notice on behalf of respondent nos. 3 is accepted by Mr. R. B. Pal, learned Counsel. He is granted three weeks' time to file a counter affidavit. By the date fixed, the Additional Chief Judicial Magistrate, Azamgarh, who passed the impugned order dated 06.03.2024, shall show cause through his report how he has disobeyed the order of this Court dated 05.12.2023, passed in Application u/s 482 No. 41647 of 2023, directing him to verify the compromise by holding that the offences are non-compoundable. The report shall be submitted through the learned Sessions Judge, Azamgarh routed through the Registrar (Compliance). The report shall be made available to this Court without fail by the next date of listing. List this matter on 11.07.2024. In the meanwhile, further proceedings in Case No. 750 of 2024 (Old Case No. 477 of 2022), State v. Ajay @ Sonu and others, arising out of Case Crime No. 226 of 2020, under Sections 147, 148, 323, 352, 504, 506 and 427 IPC, P.S. Rounapar, District Azamgarh, pending before the Additional Chief Judicial Magistrate, Azamgarh shall remain stayed. Let this order be communicated to the Additional Chief Judicial Magistrate, Azamgarh through the learned Sessions Judge, Azamgarh by the Registrar (Compliance) within 72 hours. " 4. There is a report dated 04.07.2024 of Civil Judge (S.D)/ FTC/ACJM, Azamgarh 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. 477 of 2022 (new case no.750 of 2024 ) (State vs. Ajay alias Sonu and ors) pending before the learned Civil Judge (S.D.) FTC/ ACJM, Azamgarh as well as the impugned order dated 06.03.2024 arising out of Case Crime No. 0226 of 2020 under Sections 147, 148, 323, 352, 504, 506, 427 IPC, Police Station Rounapar District Azamgarh be quashed. Order Date :- 4.4.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad