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Shival Vidhudi and 4 Others v. State of U.P. and Another

Allahabad HC13 Dec 2024A482/42867/2024

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Shival Vidhudi and 4 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 42867 of 2024

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Applicant :- Shival Vidhudi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunny Srivastava,Vivek Kumar Srivastava

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Hon'ble Dinesh Pathak,J.

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Shri Manu Srivastava, learned Advocate has filed memo of appearance on behalf of opposite party no.2, which is taken on record.

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Office is directed to proceed accordingly and print the name of Shri Manu Srivastava as counsel for opposite party no.2.

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Heard learned counsel for the applicants, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State.

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The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the summoning order dated 28.05.2024 along with Charge sheet dated 05.03.2024 as well as entire proceeding of Case No. 8301 of 2024 (State Vs. Mayank Vidhudi and Others) u/s 147, 308, 323, 506 I.P.C., arising out of Case Crime No. 58 of 2024, Police Station- Phase-2, District- Gautam Budh Nagar.

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It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

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Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicants. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed.

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Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

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In this conspectus, as above, both the parties are hereby directed to appear before the court below on 07.01.2025/08.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

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List this matter on 28.02.2025 along with compromise verification report submitted by the court concerned, if any.

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Till the next date of listing, further proceeding against the applicants in aforesaid case shall remain stayed.

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Order Date :- 13.12.2024 Sumit K.

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Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Shival Vidhudi and 4 Others v. State of U.P. and Another

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Shival Vidhudi and 4 Others v. State of U.P. and Another

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