Deepak Maurya @ Dipu v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 40410 of 2023 Applicant :- Deepak Maurya @ Dipu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant; learned counsel for 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 charge sheet dated 17.07.2020 as well as the entire proceedings of Case No.46 of 2021 (State Vs. Deepak Maurya) arising out of Case Crime No.38 of 2020, under Sections 308, 323, 506 I.P.C., P.S. Baburi, District chandauli, pending in the court of Additional Judicial Magistrate, Chakia, Chandauli.

¶3It has been contended by learned counsel for the applicant that dispute is between father and son and F.I.R. was lodged by the opposite party no. 2 (injured father) against the applicant (son). Counsel for the applicant submits that injuries are not grievous in nature. The parties have amicably settled their dispute out of the court.

¶4Counsel for the opposite party no. 2 has filed compromise affidavit which is taken on record and has not opposed the submission raised by counsel for the applicant.

¶5Accordingly, it is provided that the parties shall appear before the court below with compromise deed 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.

¶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 :- 2.11.2023 Meenu Singh High Court of Judicature at Allahabad