In this application under Section 482 Cr.P.C., the court held that its powers cannot be utilized to execute certain settlements. Consequently, the application seeking an order for compliance with a previous settlement was deemed totally misconceived and rejected.
Application rejected as totally misconceived.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 1329 of 2019
Applicant :- Smt. Rashmi Choubey Opposite Party :- State Of U.P. And 6 Ors Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for directing the opposite party no. 2 to comply with the order dated 16.12.2010 passed by Allahabad High Court Mediation and Conciliation Centre passed and settled pursuant to the order passed by this Court dated 18.06.2010 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act in case crime no.790 of 2010, Police Station-Kotwali Fatehgarh, District-Farrukhabad.
The powers of this Court under Section 482 Cr.P.C. cannot be used to execute certain settlements.
Thus, the present application under Section 482 Cr.P.C is totally misconceived and is, accordingly, rejected.
Order Date :- 18.2.2019 Sumit S
2 issues framed by the court
Whether Section 482 Cr.P.C. powers can be exercised to direct compliance with a settlement order dated 16.12.2010.
Whether the present application under Section 482 Cr.P.C. is maintainable.
1 provisions across 1 enactments
Smt. Rashmi Choubey
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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