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2025 DAILYLAW 9369 (ALL)

ASHWANI KUMAR v. STATE OF U.P. AND ANOTHER

A482/4571/2020 · 2025-09-15

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 4571 of 2020 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 05.09.2018 and order dated 30.05.2019 passed by the Judicial Magistrate-III, Gorakhpur in Complaint Case No.1980 of 2018, under Section 138 NI Act, P.S. Khorabar, District Gorakhpur as well as entire proceedings of Complaint Case No.1980 of 2018. 3. Applicant's counsel challenged the summoning order passed in Complaint Case No.1980 of 2018 by way of filing present 482 application and this Court vide order dated 03.02.2020 passed interim order that no coercive action shall be taken against the applicant during pendency of present 482 application. Parties have amicably settled their dispute and complainant moved application U/s 257 Cr.P.C./280 BNSS to withdraw the complaint. Compromise entered between the parties has also been filed with supplementary affidavit. 4. Counsel for opposite party no.2 has filed short counter affidavit stating in para 12 that parties have been amicably settled their dispute and no dispute remain pending between the parties. 5. Considering the argument advanced by counsel for the parties and perused the record, as opposite party no.2 has not disputed the fact as raised by applicant's counsel, the present 482 application is disposed off Versus Counsel for Applicant(s) : Anuruddh Chaturvedi Counsel for Opposite Party(s) : Bipin Kumar Tripathi, G.A., Prashant Kumar Singh Ashwani Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) with direction that both the parties shall appear before trial court on 25.09.2025 and on the same day trial court shall pass an appropriate order, in accordance with law, after hearing both the parties and verifying the parties through their counsels. 6. Till 25.09.2025, no coercive action shall be taken against the applicant. September 16, 2025 Nitin Verma A482 No. 4571 of 2020 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad