Amit Kumar and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33415 of 2023 Applicant :- Amit Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.302 of 2014 arising out of Case Crime No.530 of 2014, under Sections 420, 467, 468, 471 I.P.C, Police Station Garhmukteshwar, District-Hapur, pending in the court of Civil Judge (Junior Division), Garh/Judicial Magistrate, Hapur.

¶3Learned counsel for the applicants submits that allegation as alleged in the FIR is that applicants took loan of Rs.3,50,000/- on the basis of forged documents. Learned counsel for the applicants submits that Bank/Bank Manager-informant and applicants have amicably settled the dispute out of the court by compromise dated

22.07.2022 which is annexed as Annexure 4 to the application. Applicants have deposited all disputed amount. No dispute remain pending between the parties.

¶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 applicants. Order Date :- 6.12.2023 SKD High Court of Judicature at Allahabad