This court quashed the pending criminal proceeding under Section 406 IPC against the applicant based on an uncontroverted affidavit disclosing that a compromise was reached with the private party, Abdul Shakoor.
The criminal case no.331 of 1998 under Section 406 IPC was quashed and the application was disposed of.
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. - 69
Case :- APPLICATION U/S 482 No. - 10036 of 2009
Applicant :- Yashodanand Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.K. Mishra,Shahroze Khan Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shahroze Khan, learned counsel for the applicant, Sri L.K.Bhutt, learned counsel for opposite party no.2, Sri Abdul Shakoor, S/o Eidullah and learned A.G.A.
A supplementary affidavit sworn by the applicant dated 27.03.2019 is on record. In the said supplementary affidavit, it has been asserted by the learned counsel for the applicant that he has arrived at a compromise to opposite party no.2 Abdul Shakoor, S/o Eidullah and on date they have ended their dispute which is apparent in paragraphs 2, 3 and 4 of the supplementary affidavit filed by the applicant.
In view of the above submission of the learned counsel for the applicant, which has not been controverted by the opposite party no.2. The proceeding of criminal case no.331 of 1998, State Vs. Yashodanand under section 406 IPC, P.S.Shohrathgarh, District Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar, is hereby quashed.
Accordingly, the application is disposed of.
Order Date :- 19.8.2019 PKC
1 issue framed by the court
Whether the proceeding under Section 406 IPC should be quashed upon the applicant's affidavit disclosing a compromise with the private party.
1 provisions across 1 enactments
Yashodanand Srivastava
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
