The High Court disposed of the quashing application under Section 482 Cr.P.C. directing the trial court to expedite proceedings regarding a filed compromise and payment without expressing an opinion on the merits.
Application disposed of; direction to trial court to decide pending compromise case expeditiously.
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. - 36
Case :- APPLICATION U/S 482 No. - 132 of 2002
Applicant :- Dr. Anand Prakash Rai And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Sinha,Dharmendra Singhal,Santosh Kumar Singh,Vinod Prasad Counsel for Opposite Party :- Govt. Advocate,R.K. Ojha
Hon'ble Mrs. Sunita Agarwal,J.
The name of Sri R.K. Ojha, Advocate, appearing on behalf of the complainant has been shown in the cause list.
By means of the supplementary affidavit dated 31.12.2017, it is brought before this Court that the complainant had entered into a compromise and the money due to him has been paid and now the complainant has left with no grievance. In so far as the transaction between the applicant and complainant is concerned a written compromise dated 05.08.2013 has been filed by the parties before the trial court in Case No.2685 of 2001 (New No.2603 of 2003), which is pending consideration.
Noticing the said fact, without expressing any opinion as to the merits of claim of the applicants, the present application under Section 482 Cr.P.C. is being disposed of with the direction to the trial court concerned to decide the Case No.2685 of 2001 (New No.2603 of 2003) considering the written compromise dated 05.08.2013, if any, filed before it, as expeditiously as possible, after giving due notice to the complainant/ all necessary parties.
The applicants-accused are permitted to appear before trial court concerned through their counsels.
Order Date :- 14.2.2019
Radhika
1 issue framed by the court
Whether the present application under Section 482 Cr.P.C. should be disposed of in light of the compromise and payment.
1 provisions across 1 enactments
Dr. Anand Prakash Rai and Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
