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2023 Supreme(All) 1644

SAURABH LAVANIA
Khursheed – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Girish Chandra Sinha, Anurag Kumar Singh, Pushpendr Kumar Singh, Salil Kumar Srivastava
For the Opposite Party : Avinash Singh Vishen, Avinash Singh Vishen (Amicus Curiae), Rudra Mani Shukla

JUDGMENT :

1. Heard Shri G.C. Sinha, Advocate and Shri Avinash Singh Vishen, Advocate (Amicus Curiae), who appeared in the APPLICATION U/S 482 No. -5525 of 2023, Shri Anurag Kumar Singh along with Shri Pushpendra Kumar Singh, learned counsel for the applicants in APPLICATION U/S 482 No. -12429 of 2023 and Shri Salil Kumar Srivastava, Advocate, counsel for the applicant in APPLICATION U/S 482 No. - 12443 of 2023.

2. In all the applications noted below, the question is as to "Whether charge-sheet and/or criminal proceedings based upon the compromise, can be quashed in part." In other words "Whether the charge-sheet and/or criminal proceedings based upon the compromise can be quashed qua the accused- applicant." As such, all the petitions are being clubbed together and are being decided by this common order.

3.1 In APPLICATION U/S 482 No.-5525 of 2023, the following main relief(s) has been sought:-

    "For the facts & circumstances enumerated in the accompanying affidavit it is humbly prayed that the order of taking cognizance and the summoning order dated 20-07-2019 passed by the Special Judge, SC/ST Act at court no. 2, District Sultanpur in Sessions Trial No. 362 of 2019 in reference to

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