High Court · 2025

1. Heard Sri R.B. Pal, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Vinod Kumar Yadav, learned counsel for opposite party no.2.

2. This is an application U/s 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of case no. 751 of 2024 (Old Case No. 4085 of 2022) (State vs. Naresh Chauhan and Ors) pending before the learned Civil Judge (S.D.)/ FTC/ ACJM, Azamgarh as well as the impugned order dated 06.03.2024 passed by Civil Judge (S.D)/ FTC/ ACJM, Azamgarh.

3. This Court while entertaining the present application proceeded to pass the following order on 02.08.2024: "1. Sri Vinod Kumar Yadav, Advocate appearing for the opposite party no.2 states that he shall be filing his vakalatnama in the office during the course of the day.

2. If any such vakalatnama is filed, office shall trace out the same and place it on record and make a note in the order sheet regarding the same.

3. Sri R.B. Pal, learned counsel for the applicants, Sri Vinod Kumar Yadav, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned A.G.A-I for the State are present.

4. Learned counsel for the opposite party no.2 prays for and is granted two weeks' time to file short counter affidavit/counter affidavit in the matter.

5. Connect with Application U/S 482 No.- 18586 of 2024 (Ajay alias Sonu and 11 others Vs. State of U.P. and another) and list the matter on 20.08.2024.

6. Till the next date of listing no coercive action shall be taken against the applicants in Case No. 751 of 2024 (Old Case No. 4085/2022) State Vs. Naresh Chauhan and others, arising out of case crime no.0227 of 2020, u/s 147, 148, 323, 325, 352, 452, 504, 506 IPC, P.S. Rounapar, District Azamgarh pending before Civil Judge (S.D.)/F.T.C./A.C.J.M. Azamgarh. "

4. Learned counsel for the applicants has submitted that this is virtually a second application preferred by the applicants as prior to it the applicant had filed the application U/s 482 Cr.P.C. No. 41246 of 2023 (Naresh Chauhan and 4 Ors vs. State of U.P.) the following orders was passed on 08.11.2023: "1. Heard learned counsel for the applicants; learned counsel for opposite party no. 2 and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.01.2021; cognizance order dated 04.06.2021 as well as entire proceedings of New Case No.4085 of 2022 (Old Case No.706 of 2021), Case Crime No.0227 of 2020, under Sections 147, 148, 323, 352, 452, 504, 506, 325 I.P.C., P.S. Rounapar, District Azamgarh, pending in the court of Civil Judge Avar Khand, Court no. 20, Azamgarh.

3. Counsel for the applicants submits that allegation in the F.I.R. is that three persons received grievous injury but on perusal of the medical report, injuries are not grievous in nature. It is next submitted that both the parties lodged F.I.R. against each other and parties have amicably settled the dispute out of the court and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no. 10 to the present application, hence the proceeding against the applicants be quashed.

4. Learned AGA and counsel for the opposite party no. 2 do not dispute the correctness of the facts.

5. Accordingly, 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.

6. In view of the above, the present application is disposed of.

7. For a period of five weeks, no coercive measure shall be taken against the applicants. " Learned counsel for the applicant submits that the court passed the impugned order dated 06.03.2024 recording a reasons the the offences are not compoundable. It is further submits that a direction be issued to the court below to verify the compromise and in the meantime protection be accorded.

5. Learned AGA as well as learned counsel for opposite party no.2, has no objection to the same.

6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 25.04.2025 along with the self attested copy of the present application, certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 23.05.2025.

7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings in criminal case no. 751 of 2024 (Old Case No. 4085 of 2022) (State vs. Naresh Chauhan and Ors) pending before the learned Civil Judge (S.D.)/ FTC/ ACJM, Azamgarh as well as the impugned order dated 06.03.2024 passed by Civil Judge (S.D)/ FTC/ ACJM, Azamgarh. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 4.4.2025 C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA High Court of Judicature at Allahabad

1. Heard Sri R.B. Pal, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State and Sri Vinod Kumar Yadav, learned counsel for opposite party no.2.

2. This is an application U/s 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of case no. 751 of 2024 (Old Case No. 4085 of 2022) (State vs. Naresh Chauhan and Ors) pending before the learned Civil Judge (S.D.)/ FTC/ ACJM, Azamgarh as well as the impugned order dated 06.03.2024 passed by Civil Judge (S.D)/ FTC/ ACJM, Azamgarh.

3. This Court while entertaining the present application proceeded to pass the following order on 02.08.2024: "1. Sri Vinod Kumar Yadav, Advocate appearing for the opposite party no.2 states that he shall be filing his vakalatnama in the office during the course of the day.

2. If any such vakalatnama is filed, office shall trace out the same and place it on record and make a note in the order sheet regarding the same.

3. Sri R.B. Pal, learned counsel for the applicants, Sri Vinod Kumar Yadav, learned counsel for the opposite party no.2 and Sri Ajay Singh, learned A.G.A-I for the State are present.

4. Learned counsel for the opposite party no.2 prays for and is granted two weeks' time to file short counter affidavit/counter affidavit in the matter.

5. Connect with Application U/S 482 No.- 18586 of 2024 (Ajay alias Sonu and 11 others Vs. State of U.P. and another) and list the matter on 20.08.2024.

6. Till the next date of listing no coercive action shall be taken against the applicants in Case No. 751 of 2024 (Old Case No. 4085/2022) State Vs. Naresh Chauhan and others, arising out of case crime no.0227 of 2020, u/s 147, 148, 323, 325, 352, 452, 504, 506 IPC, P.S. Rounapar, District Azamgarh pending before Civil Judge (S.D.)/F.T.C./A.C.J.M. Azamgarh. "

4. Learned counsel for the applicants has submitted that this is virtually a second application preferred by the applicants as prior to it the applicant had filed the application U/s 482 Cr.P.C. No. 41246 of 2023 (Naresh Chauhan and 4 Ors vs. State of U.P.) the following orders was passed on 08.11.2023: "1. Heard learned counsel for the applicants; learned counsel for opposite party no. 2 and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 30.01.2021; cognizance order dated 04.06.2021 as well as entire proceedings of New Case No.4085 of 2022 (Old Case No.706 of 2021), Case Crime No.0227 of 2020, under Sections 147, 148, 323, 352, 452, 504, 506, 325 I.P.C., P.S. Rounapar, District Azamgarh, pending in the court of Civil Judge Avar Khand, Court no. 20, Azamgarh.

3. Counsel for the applicants submits that allegation in the F.I.R. is that three persons received grievous injury but on perusal of the medical report, injuries are not grievous in nature. It is next submitted that both the parties lodged F.I.R. against each other and parties have amicably settled the dispute out of the court and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no. 10 to the present application, hence the proceeding against the applicants be quashed.

4. Learned AGA and counsel for the opposite party no. 2 do not dispute the correctness of the facts.

5. Accordingly, 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.

6. In view of the above, the present application is disposed of.

7. For a period of five weeks, no coercive measure shall be taken against the applicants. " Learned counsel for the applicant submits that the court passed the impugned order dated 06.03.2024 recording a reasons the the offences are not compoundable. It is further submits that a direction be issued to the court below to verify the compromise and in the meantime protection be accorded.

5. Learned AGA as well as learned counsel for opposite party no.2, has no objection to the same.

6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 25.04.2025 along with the self attested copy of the present application, certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 23.05.2025.

7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings in criminal case no. 751 of 2024 (Old Case No. 4085 of 2022) (State vs. Naresh Chauhan and Ors) pending before the learned Civil Judge (S.D.)/ FTC/ ACJM, Azamgarh as well as the impugned order dated 06.03.2024 passed by Civil Judge (S.D)/ FTC/ ACJM, Azamgarh. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 4.4.2025 C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA High Court of Judicature at Allahabad