Sushil Kumar Saxena And Another v. State of U.P. and Another

Neutral Citation No. - 2024:AHC:131128

Court No. - 77 Case :- APPLICATION U/S 482 No. - 20293 of 2024

Applicant :- Sushil Kumar Saxena And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Kapil Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

1. Heard Shri Ram Milan Dwivedi holding brief of Sri Kapil Tiwari, learned counsel for the applicants, Shri Ajay Singh, learned AGA-I for the State and perused the records.

2. The present application under Section 482 Cr.P.C. has been filed by the applicants-Sushil Kumar Saxena and Shaurya Saxena with the prayer to quash the entire proceeding of Criminal Case No. 40708 of 2023 (State Vs. Subhash Chandra Saxena and 6 others) u/s 420, 467, 468, 471, 504, 506 IPC, Police Station Civil Line, District Budaun pending in the Court of C.J.M. Budaun including charge sheet no. 190/2023 dated 28.4.2023 arising out of Case Crime No. 413 of 2022 as well as cognizance/summoning order dated 14.12.2023 and other process issued against the applicants by the aforesaid court and further to stay the further criminal proceedings of the aforesaid case during the pendency of the present application.

3. Learned counsel for the applicants submits that during the pendency of the investigation, the co-accused Seema Saxena preferred Criminal Misc. Writ Petition No.4882 of 2023 (Seema Saxena Vs. State of U.P. and 3 others) in which the matter was referred to Mediation Centre of this Court vide order dated 13.4.2023 passed by Division Bench of this Court. It is submitted that the matter was then settled and settlement agreement dated 2.8.2023 was drawn between the parties. Subsequently the said writ petition was allowed on the basis of settlement/agreement arrived between the parties and the proceedings of the said case were quashed vide order dated 28.8.2023 passed by another Division Bench of this Court. It is submitted that charge sheet in the matter is dated 28.4.2023 which is prior to the final order passed in the said writ petition. It is also submitted that even otherwise the said order dated 28.8.2023 could not be brought to the notice of the court concerned which has taken cognizance vide order dated 14.12.2023 and summoned the accused persons including Seema Saxena. He submits that the present application U/s 482 Cr.P.C. be dismissed as withdrawn at this stage as the

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applicants shall be filing the final order passed in the writ petition before the court concerned for appropriate orders therein.

4. Prayer as prayed is allowed.

5. The present application U/s 482 Cr.P.C. is dismissed as withdrawn at this stage.

(Samit Gopal, J.)

Order Date :- 13.8.2024 Gaurav Kuls

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