Naresh Chauhan and 4 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 41246 of 2023 Applicant :- Naresh Chauhan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.B. Pal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants; 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 30.01.2021; cognizance order dated 04.06.2021 as well as entire proceedings of New Case No.4085 of 2022 (Old Case No.706 of 2021), Case Crime No.0227 of 2020, under Sections 147, 148, 323, 352, 452, 504, 506, 325 I.P.C., P.S. Rounapar, District Azamgarh, pending in the court of Civil Judge Avar Khand, Court no. 20, Azamgarh.

¶3Counsel for the applicants submits that allegation in the F.I.R. is that three persons received grievous injury but on perusal of the medical report, injuries are not grievous in nature. It is next submitted that both the parties lodged F.I.R. against each other and parties have amicably settled the dispute out of the court and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no. 10 to the present application, hence the proceeding against the applicants be quashed.

¶4Learned AGA and counsel for the opposite party no. 2 do not dispute the correctness of the facts.

¶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 :- 8.11.2023 Meenu Singh High Court of Judicature at Allahabad