Dharmendra Sharma and 2 Others v. State of U.P. and 2 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 27231 of 2023 Applicant :- Dharmendra Sharma And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gaurang Kulshreshtha Counsel for Opposite Party :- G.A.,Jata Shankar Pandey Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet No.63 of 1993 dated 30.04.1993, cognizance/summoning order dated

23.11.2022 passed by Chief Judicial Magistrate, Firozabad, as well as entire proceeding of Criminal Case No.1721 of 2005 arising out of Case Crime No.112 of 1993 (State Vs. Dharmendra Sharma and others), under Sections 324, 506 I.P.C, Police Station-South, District-Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad.

¶3Learned counsel for the applicants submits that parties have amicably settled their dispute out of the Court as both the parties have lodged FIR against each other. Copy of the compromise deed has been filed as Annexure -4 to the affidavit. Applicants will approach the trial court with compromise deed and application.

¶4Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

¶5Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and compromise deed on the next date fixed. It is, therefore, expected that the trial court 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. It shall be open to the applicant to file a fresh application U/S 482 at that stage for the relief sought herein.

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

¶7For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 1.11.2023 SKD High Court of Judicature at Allahabad