The High Court granted a stay on coercive action against applicants in a criminal case while requiring them to file and verify a compromise affidavit within specified timelines.
Coercive action against the applicants in the underlying case kept in abeyance pending verification of compromise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- APPLICATION U/S 482 No. - 39260 of 2018
Applicant :- Pramod Kumar And 6 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Sri Alok Tiwari, learned counsel has put in appearance on behalf of the opposite party no.2 and filed his Vakalatnama along with Counter affidavit, which are taken on record.
Heard Sri Jitendra Kumar Yadav, learned counsel for the applicants, Sri Alok Tiwari, learned counsel for the opposite party no.2 and Sri Sanjay Singh, learned AGA for the State.
The present application under section 482 Cr.PC. has been filed with a prayer to stay the further proceedings of Complaint NO. 271 of 2017 (Nilesh Singh v. Pramod Kumar and others) under section 452,323,504,506 IPC, Police Station- Madhotanda, district-Pilibhit, in pursuance of summoning order dated 19.2.2018 passed by the learned ACJM, court no.2, Pilibhit pending in the court of CJM, court no.2, Pilibhit.
It is contended by learned counsel for the applicants that the dispute between the parties are private in nature and the matter has been compromised between the parties, copy of the said compromise 27.10.2018 has been annexed as Annexure No. CA-1 to the counter affidavit.
Learned AGA prays for and is granted fur weeks time to file counter affidavit.
In the meantime, the applicants may file the compromise entered into between the parties, before the court below within a period of fifteen days from today who shall verify the same within three months after issuing notice to the signatories of the compromise, under intimation to this Court.
List the matter after three months.
Till the next date of listing, coercive action against the applicants in the aforesaid case shall be kept in abeyance.
Order Date :- 14.11.2018
ssm
1 issue framed by the court
Whether further proceedings in the underlying criminal complaint should be stayed pending verification of the compromise between the parties.
2 provisions across 2 enactments
Pramod Kumar and 6 Ors
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
