Ajay @ Sonu and 11 Others v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 41647 of 2023 Applicant :- Ajay @ Sonu And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Ishtiyar Khan, Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the applicants, Sri R.B. Pal, who has filed Vakalatnama on behalf of opposite party no.2 as well as compromise affidavit today in Court, which are taken on record and Sri Rajeev Singh, learned AGA appearing for the State.

¶2The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 11.02.2021 as well as cognizance order dated 30.03.2021 and the proceedings of Case No. 477 of 2022 (State vs. Ajay @ Sonu and others) arising out of Case Crime No. 0226 of 2020, under Sections 147, 148, 323, 352, 504, 506, 427 IPC, P.S. Rounapar, District Azamgarh, pending in the Court of learned Civil Judge Avar Khand/Judicial Maigstrate, Court No. 20, Azamgarh.

¶3Learned counsel for the applicants submits that the applicants and opposite party no.2 are neighbours and some altercation and quarrel have taken place between the parties with regard to some travel dispute and both the parties have lodged FIR against each other. Learned counsel for the applicants further submits that due to intervention of the elders and well wishers, both the parties have settled their dispute amicably and the said compromise dated 28.04.2023 has been placed on record and the certified copy of the summoning order has been annexed as annexure-9 to the instant application, therefore, he has prayed for quashing of the entire proceeding against the applicants.

¶4Learned counsel for the opposite party no.2 admits the factum of compromise between the parties, which has been filed today in Court.

¶5Learned AGA for the State does not dispute the aforesaid factum of compromise between the parties.

¶6Accordingly, 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.

¶7In view of the above, the present application is disposed of.

¶8For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 5.12.2023 Ashish Pd. High Court of Judicature at Allahabad