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2025 DAILYLAW 8824 (ALL)

GURVINDER SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/4030/2019 · 2025-01-23

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12378 Court No. - 77 Case :- APPLICATION U/S 482 No. - 4030 of 2019 Applicant :- Gurvinder Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lokesh Kumar,Pawan Singh Pundir Counsel for Opposite Party :- Deisy Pundir,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Lokesh Kumar, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 04.06.2018 as well as entire proceedings of Criminal Case No.1305 of 2018, State Vs. Mukarram and others, arising out of Case Crime No. 049 of 2018, under Sections- 420, 406 and 506, Police Station- Devband, District- Saharanpur, pending in the court of Additional Chief Judicial Magistrate, Saharanpur. 3. Contention of learned counsel for the applicants is that dispute between the parties is essentially civil in nature and during pendency of the impugned proceedings, both the parties have settled their dispute. It is further submitted that a written compromise dated 25.3.2019 has also been entered and copy of the same has been annexed at page no. 7 to the supplementary affidavit dated 16.4.2019. It is next submitted that on the basis of the aforesaid compromise, impugned proceeding may be quashed. 4. Though, learned counsel for the opposite party no.2 does not dispute the aforesaid facts of entering into the compromise but the learned AGA has vehemently opposed prayer on the ground that the aforesaid compromise is yet to be verified by the court below. Unless the compromise is verified, the proceedings cannot be quashed. 5. Considering the aforesaid submission, the present application is disposed of with a direction to the court below to verify the aforesaid compromise within a period of two months after summoning all the parties. After verification the said compromise, the court below shall terminate the impugned proceedings. 6. It is provided that for a period of two months, no coercive action shall be taken against the applicants. Order Date :- 23.1.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad