The Single Judge quashed criminal proceedings under IPC and SC/ST Act relying on a verified out-of-court compromise between parties, following the earlier order staying proceedings and verification by the trial court.
Proceedings under Special Session Trial No.209 of 2022 arising out of Case Crime No.272 of 2021 quashed.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 18213 of 2022
Applicant :- Afjal Ali @ Apjan Ali And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.,Sushil Kumar Mishra
Hon'ble Karunesh Singh Pawar,J.
" Heard learned counsel for the applicant; Sri Sushil Kumar Mishra, learned counsel for opposite party no.2 and learned A.G.A. for the State.
Learned counsels for the parties have agreed that parties have entered into compromise out the court.
Learned counsel for the petitioner undertakes to file compromise deed before the court below. He is directed to file same within two weeks from today.
The court below is directed to verify the compromise and send its report
before this Court within a period of one month thereafter.
Put up this case on 12.9.2022 as a fresh case.
Further proceeding in Special Session Trial No.209 2022 (State Vs. Afjal Ali @ Apjan Ali and others), arising out of Case Crime No.272 of 2021, under Sections 323, 504, 506, 427 I.P.C. and 3(1)(Da), 3(1)(Dha) SC/ST Act, Police Station Tariya Sujan, District Kushi Nagar, pending in the court of Special Judge (SC/ST Act), Kushi Nagar at Padrauna, shall remain stayed against the applicant, till the next date of listing."
Digitally signed by VIJAY KUMAR GUPTA Date: 2022.09.28 11:41:04 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether criminal proceedings under Sections 323, 504, 506, 427 IPC and SC/ST Act be quashed due to out-of-court compromise verified by trial court.
Whether Stavent Court order dated 30.06.2022 directing verification of compromise is adhered to properly.
Whether the High Court can interfere under Section 482 Cr.P.C. when underlying compromise is validly executed and verified.
Colour shows how this judgement treated each authority
Prabhatbhai Aahir alias Parbatbhai Bhimsinbhai Karmur and others Vs. State of Gujarat and anotherRelied on¶19
Prabhatbhai Aahir alias Parbatbhai Bhimsinbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 · Who else cites this
3 provisions across 3 enactments
Afjal Ali @ Apjan Ali And 3 Others
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
