High Court quashed a Criminal Miscellaneous Application u/s 482 CrPC as the underlying dispute between the applicant and the state was amicably settled via a payment, rendering judicial proceedings unnecessary.
Quashed the proceeding of summoning order dated 20.07.2021 in Case Crime No.3792 of 2021/FIR No.0321 of 2020.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 2232 of 2022
Applicant :- Om Prakash And Another Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Atul Ojha,Anupam Shyam Dwivedi,Balesh Tripathi,Sudhir Dixit,Utkarsh Dixit Counsel for Opposite Party :- G.A.,Rajendra Kumar Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, Sri Rajendra Kumar Yadav, learned counsel for the respondent and learned A.G.A. for the State.
Joint affidavit has been filed by both the parties sworn by Arjun Kumar Yadav- opposite party no.3 and Om Prakash- applicant no.1. The matter has been amicable settled between the parties by way of paying a sum of payment a sum of Rs.3,90,000/- (Rs. Three Lakhs Ninety Thousand only) by way of Demand Draft dated 26.05.2022 bearing Draft No.255 issued by AU Small Finance, Bank Pritam Pura Delhi Branch, copy whereof has been placed on record in Annexure No.1 of the joint affidavit filed by both the parties.
In view above, it has been requested by learned counsel for respondent no.2 that proceeding of this is not desired by him and he has no objection if the proceeding of the case is clsoed.
Also heard the learned A.G.A.
The dispute has been amicably settled between the parties, no useful purpose would be served in keeping the application pending. Hence, proceeding of this case in regard to summoning order dated 20.07.2021 passed by Chief Judicial Magistrate, Amroha in Case Crime No.3792 of 2021/FIR No.0321 of 2020, under Sections 420, 406, 506, 120B IPC, P.S. Amroha City pending in the court of Chief Judicial Magistrate, Amorha is hereby quashed.
Accordingly, this Criminal Miscellaneous Application is allowed.
Order Date :- 27.7.2022 Raj
Digitally signed by RAJ KUMAR Date: 2022.07.29 17:26:32 IST Reason: Location: High Court of Judicature at Allahabad
Om Prakash And Another
State Of Up
2 Others
Arvind Kumar Mishra
As recorded by the court registry
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