A quashing petition under Section 482 Cr.P.C. was filed relying on a post-conviction compromise. The court dismissed the petition as withdrawn by the applicant with liberty to approach the trial court under Section 256(2) Cr.P.C.
Petition dismissed as withdrawn with liberty to avail appropriate remedy.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 10844 of 2022
Applicant :- Raggo @ Raghuveer Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
The present petition has been filed for quashing the entire Complaint Case No.340 of 1987 (S.S.T. No.61 of 1997), under Section 395, 397 I.P.C., Police Station - Fatehpur Sikari, District - Agra on the basis of Compromise filed before the trial court on 24.08.2021, pending before the Additional Session Judge, Court No.18, Agra.
Learned counsel for the applicant has submitted that a compromise dated 24.08.2021 has been entered between the complainant and the applicants and the same has been filed before the trial court but the same could not be verified as the complainant has expired on 11.11.2021. After the death of the complainant, no application has been moved by anyone for continuation of the criminal proceeding against the applicants.
Learned A.G.A. has raised a preliminary objection that the complainant has alternative remedy to move application before the court below under Section 256(2) Cr.P.C. for proper adjudication of the matter.
At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the petition with liberty to avail the remedy provided under the law.
Learned A.G.A. has no objection on the prayer made by learned counsel for the applicant.
Accordingly, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to avail the appropriate remedy as provided under the law.
Order Date :- 12.5.2022 S. Kumar
Digitally signed by Justice Manish Kumar Date: 2022.05.13 16:14:45 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the present application under Section 482 Cr.P.C. can be permitted to be withdrawn with liberty to avail appropriate remedy.
Whether the complainant's death precludes filing a petition to quash under Section 482 Cr.P.C.
2 provisions across 1 enactments
Raggo @ Raghuveer Singh And 2 Others
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
