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2025 DAILYLAW 86929 (ALL)

RIYAJUDDIN AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/28170/2024 · 2025-04-15

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55534 Court No. - 84 Case :- APPLICATION U/S 482 No. - 28170 of 2024 Applicant :- Riyajuddin And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Mr. Yakub Ali, Advocate has filed Vakalatnama on behalf of the Opposite Party No. 2, which is taken on record. 2. Heard learned counsel for the applicants, Mr. Yakub Ali, learned counsel for the informant and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 15.12.2023 & its cognizance order dated 13.05.2024 passed by Additional Chief Judicial Magistrate/Civil Judge (J.D.), Maharajganj as well as the entire proceeding of Case No. 8815 of 2024 (State Vs. Riyajuddin & others), arising out of case crime no. 534 of 2023, under section 323, 504, 506, 452 I.P.C., P.S. Ghughali, District-Maharajganj, pending in the court of Additional Chief Judicial Magistrate, Maharajganj, on the basis of compromise entered between the parties concerned on 14.05.2024. 4. It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-6 to the application. It is further contended that compromise deed has been filed before the Trial Court and Trial Court vide order dated 14.05.2024 rejected the compromise deed with observation that offence alleged are non-compoundable. He next submitted that since parties have compromised the matter and informant does not want to pursue the matter further, as such, aforesaid proceedings be quashed in terms of compromise entered into between the parties. 5. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts argued by learned counsel for the applicants. 6. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order 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. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein. 7. In view of the above, the present application is disposed of. 8. For a period of six weeks, no coercive measure shall be taken against the applicants. Order Date :- 16.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad