Naushad and 7 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 29791 of 2023 Applicant :- Naushad And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Ojha Counsel for Opposite Party :- G.A.,Bhaskar Bhadra 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 charge sheet dated 28.02.2016 as well as the entire proceedings of Case No. 1733 of 2021 (State Vs. Naushad and others), arising out of Case Crime No. 242 of 2015, under Sections-147, 148, 323, 427, 336 I.P.C., Police Station-Rajabpur, District-Amroha, pending in the court of Judicial Magistrate, Amroha on the basis of compromise.

¶3It has been contended by learned counsel for the applicants that the applicants 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-3 to the application.

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

¶5Accordingly, 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.

¶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/Aditya High Court of Judicature at Allahabad