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2025 DAILYLAW 7965 (ALL)

MANOJ SINGH AND 8 OTHERS v. STATE OF U.P. AND ANOTHER

A482/2130/2025 · 2025-02-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25799 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2130 of 2025 Applicant :- Manoj Singh And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Yadav,Pradeep Kumar Counsel for Opposite Party :- Ajay Kumar Srivastava,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Pradeep Kumar Kashyap, learned counsel for the applicants, Sri Indrajeet Singh Yadav, learned A.G.A. and Sri Ajay Kumar Srivastava, who appears for the O.P. No.2. 2. This is an application under Section 482 CrPC preferred for quashing of the Charge Sheet No. 01/2021 dated 28.07.2021, cognizance/ summoning order dated 22.09.2021 as well as the entire proceeding of Case No.25202 of 2021, arising out of Case Crime No.182 of 2021, under Sections 147, 323, 504, 452, 506 IPC, P.S. Cholapur, District Varanasi, pending in the Court of Addl. Chief Judicial Magistrate-1st, District Varanasi. 3. Learned counsel for the applicants has invited the attention of the Court towards Annexure-4 at page 76 onward, reference whereof has been made in paragraph-11 of the affidavit, so as to contend that the applicants and the opposite party no.2 have entered into the compromise out of the Court on 27.08.2024 and thereafter filed the same before the court below on 10.10.2024, a copy whereof is annexed as Annexure-5 at page-86 of the paper- book. Learned counsel for the applicants submits that till the verification is done, interim protection be accorded to the applicants. Reliance has been placed upon the judgments in Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653. 4. Learned A.G.A. as well as counsel for O.P. No. 2 have no objection to the same. 5. Considering the submissions of the parties as well as stand taken by them, the application stands disposed of providing that the applicant shall appear before the court below along with the self- attested copy of the application under Section 482 CrPC, 1973 and the certified copy of the order on 06.03.2025, on the receipt of which, the court below shall undertake process of verification and the same be done by 26.05.2025. 6. In view of aforesaid, the application stands disposed of. 7. Till the verification proceeding is done, no coercive action shall be taken against the applicants in Case No.25195 of 2021, arising out of Case No.25202 of 2021, arising out of Case Crime No.182 of 2021, under Sections 147, 323, 504, 452, 506 IPC, P.S. Cholapur, District Varanasi, pending in the Court of Addl. Chief Judicial Magistrate-1st, District Varanasi. 8. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. Order Date :- 24.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad