Mukesh v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 40840 of 2023 Applicant :- Mukesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Ratan Bhushan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 20.09.2023 as well as entire proceedings of Criminal Case No.03 of 2023 arising out of Case Crime No.0092 of 2023 (State vs. Mukesh), under Sections 354(Kha), 504, 506 I.P.C, Police Station-Sasni Gate, District-Aligarh, pending in the court of Additional Chief Judicial Magistrate (Junior Division) II, Aligarh.

¶3Learned counsel for the applicants submits that both the parties have settled the dispute out of the Court and compromise deed has been filed before trial court. Copy of compromise deed dated 28.08.2023 has been filed as Annexure 6 to the 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 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 applicant. Order Date :- 6.11.2023 SKD High Court of Judicature at Allahabad