Jitendra Kumar v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38141 of 2023 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Deepak Verma,J.

¶1Learned counsel for the opposite party no. 2 has filed an affidavit, which is taken on record.

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

¶3The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.02.2021, summoning order dated 04.07.2022 as well as the entire proceedings of Criminal Case No. 600 of 2022 (State vs. Jitendra Kumar), arising out of Case Crime No. 649 of 2020, under Sections 332, 353, 504 IPC, P.S. Saidpur, District-Ghazipur, pending before Judicial Magistrate, Saidpur, Ghazipur.

¶4It has been contended by learned counsel for the applicant that the applicant 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-4 to the application.

¶5Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

¶6Accordingly, 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 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.

¶7In view of the above, the present application is disposed of.

¶8For a period of five weeks, no coercive measure shall be taken against the applicant. Order Date :- 1.11.2023/Aditya High Court of Judicature at Allahabad