Mohit Sonker and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33729 of 2023 Applicant :- Mohit Sonker And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Gupta,Om Prakash Counsel for Opposite Party :- G.A.,Ravi Sahu Hon'ble Deepak Verma,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Learned counsel for the applicants is permitted to implead the injured "Deep Chandra" as opposite party no. 3 in array of the parties during the course of the day.

¶3Heard learned counsel for the applicants and learned A.G.A. for the State.

¶4The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 06.06.2021 and cognizance order dated

18.01.2022 as well as entire criminal proceedings in Criminal Case No. 3851 of 2022 arising out of Case Crime No. 32 of 2021, under Sections 147, 336, 325, 323, 506 I.P.C., Police Station-Babupurwa, District-Kanpur Nagar, pending in the court of M.M., Court No. 9, Kanpur Nagar.

¶3Learned counsel for the applicant submits that the injury received by the injured is not serious in nature and both the parties have lodged F.I.R. against each other and they have settled their dispute out of court as well as applicant and opposite party no. 2 in Case Crime No. 33 of 2021 have also entered into compromise and the same has been sent to trial court for verification, compromise deed has been filed as Annexure 4 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 :- 9.11.2023 Sunil Kr. Gupta High Court of Judicature at Allahabad