Application to quash criminal proceedings based on a compromise at an advanced stage of trial was refused by the Additional Sessions Judge due to the impracticality of trial resumption.
Application to quash proceedings refused; trial to conclude within three months.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 3102 of 2019
Applicant :- Anil Kumar Singh @ Jitendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.S. Tiwari,Vivek Tiwari Counsel for Opposite Party :- G.A.,Rahul Dwivedi
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application, the prayer sought by the applicant is to quash the proceeding of S.T No.77 of 2006(State Vs. Anil Singh) under Section 307, 504, 506 IPC, arising out of case crime no.93 of 2005 Police Station-Cholapur, DistrictVaranasi, pending in the court of 12th, Additional Sessions Judge, Varanasi.
It is contended by learned counsel for the applicant that parties have come to terms and have amicably settled their disputes. Learned counsel for the applicant has drawn the attention of the Court to Annexure-3 to the application.
It has been pointed out that there are two injured persons and the trial is at the advanced stage. Today, the prayer sought by learned counsel for the applicant is to quash the entire proceeding only on the basis of compromise which is said to have been taken place on 24.11.2015.
Under such circumstances, I am not inclined to entertain the aforesaid compromise at this advanced stage of trial.
The prayer made in the aforementioned case is refused.
However, it is expected from the learned trial Court to gear up the matter and make necessary endeavour to conclude the trial within a period of three months from the date of production of certified copy of this order.
With the aforesaid observations, the present application under Section 482 Cr.P.C. stands disposed of.
Order Date :- 26.2.2019 Sumit S
1 issue framed by the court
Whether the court can entertain a compromise in an advanced stage of trial under Section 482 Cr.P.C.
1 provisions across 1 enactments
Anil Kumar Singh @ Jitendra Singh
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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