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2025 DAILYLAW 7171 (ALL)

AMAR SINGH PATEL v. STATE OF U.P. AND ANOTHER

A482/2123/2020 · 2025-08-13

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138941 Court No. - 72 Case :- APPLICATION U/S 482 No. - 2123 of 2020 Applicant :- Amar Singh Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Vakalatnama filed today by Sri Sanjay Ojha, Advocate, on behalf of opposite party no.2 alongwith short counter affidavit filed by opposite party no.2 are taken on record. 2. Supplementary affidavit filed by the learned counsel for the applicant, is also taken on record. 3. Heard learned counsel for the applicant, Sri Sanjay Ojha, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 4. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 17.12.2018, cognizance order dated 08.04.2019 as well as the entire proceedings of Special Case No.165 of 2019 (State Vs.Amar Singh Patel ), arising out of Case Crime No.366 of 2018, under Sections- 323, 504, 506 I.P.C., Police Station- Puramufti, District- Kaushambi, pending in the court of Additional Session Judge IVth SC/ST Act, Kaushambi. 5. Learned counsel for the applicant submits that this application u/s 482 Cr.P.C. has been filed to quash the proceeding pending against the applicant. This Court by order dated 17.01.2020 passed interim protection that till the next date of listing, no coercive action shall be taken against the applicant. Today, counsel for the applicant submits that both the parties have amicably settled the dispute out of court and opposite party no.2 has also filed short counter affidavit stating therein that the applicant and deponent/opposite party no.2 have entered into compromise and decided to withdraw their pending cases filed against the applicant. Parties have amicably settled the dispute out of court and entered into compromise and same is filed before this Court today. Offences mentioned above are compoundable offence under section 320 Cr.P.C. 6. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts. 7. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and photocopy of the compromise deed on the next date fixed. It is, therefore, expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks exercising the power provided under section 320 Cr.P.C. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein. 8. In view of the above, the present application is disposed of. 9. For a period of eight weeks, no coercive measure shall be taken against the applicant. Order Date :- 14.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad