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2025 DAILYLAW 82848 (ALL)

MUSAHID AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/25251/2024 · 2025-07-02

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103264 Court No. - 72 Case :- APPLICATION U/S 482 No. - 25251 of 2024 Applicant :- Musahid And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Narayan Dwivedi,Ratnesh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 09.02.2023 as well as cognizance order dated 09.01.2024 along with entire criminal proceeding of Criminal Case No.72 of 2024 (State Vs. Mushahid and others) arising out of Case Crime No. 57 of 2023, Under Sections 323, 504, 506, 427 I.P.C, Police Station Hasanpur, District Amroha, pending in the court Civil Judge (Jr.Div.)/Judicial Magistrate, Hasanpur, District-Amroha, on the basis of compromise between both the parties. 3. Instant application has been filed with a prayer that parties have amicably settled the dispute out of the court and entered into compromise under Sections 323, 504, 506, 427 I.P.C. The applicants and opposite party no. 2 filed compromise application dated 31.01.2024 before the C.J.M. concerned, which is annexed as Annexure-3 to the present application. 4. Counsel for the applicants submits that the offence alleged under Sections 323, 504, 506, 427 I.P.C. are compoundable and compromise application is pending since 31.01.2024. The court below has not taken any initiative to pass orders on compromise application. 5. Learned A.G.A. has also submitted that offence under the sections 323, 504, 506, 427 I.P.C. are compoundable offence under Section 320 Cr.P.C. and the trial court has power to quash the proceedings in terms of compromise application under Section 320 Cr.P.C. 6. In view of that, the instant 482 Cr.P.C. application is disposed of with direction that the trial court shall decide the compromise application dated 31.01.2024 filed by the applicants and opposite party no. 2. in accordance with law, expeditiously, preferably, within a period of one month from the date of production of a certified copy of this order. Order Date :- 3.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad