Afsar and Another v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38486 of 2023 Applicant :- Afsar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhinab Mishra Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard Sri Sudhir Kumar Singh, learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 05.06.2020 and the impugned summoning order dated 20.08.2020 as well as entire proceedings of the Case No. 2461 of 2021 (State Vs. Saleem and another) pending in the Court of Additional Chief Judicial Magistrate Court No.05. Bareilly, arising out of Case Crime No. 58 of 2018, U/s 452, 354, 504, 506, 323 IPC, Police Station-Fatehganj West, District-Bareilly. Further prayer is made to stay proceedings of aforesaid case.

¶3Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise have entered between them which has been reduced in writing. Copy of the same is annexed as Annexure No.(4) to the present application.

¶4Learned AGA appearing for the opposite party no.1 does not dispute the correctness of the aforesaid submission made by learned counsel for the applicants.

¶5Accordingly, it is provided that the parties shall appear before the court below and file a certified copy of this order within two weeks, along with the original copy of the compromise dated 16.09.2023. It is, therefore, expected that the court below may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks.

¶6In view of the above, the present application is disposed of.

¶7For a period of two months or till the final order passed on the compromise application by the court below whichever is earlier, no coercive measure shall be taken against the applicants.

¶8In case, the applicants are still aggrieved or if no action is taken, it will be open for the applicants to approach this Court afresh. Order Date :- 31.10.2023 Pramod Tripathi High Court of Judicature at Allahabad