In Application u/s 482 No. 25280 of 2018, the court dismissed the plea to quash proceedings as an earlier settlement order involved different parties. It allowed liberty to file a fresh joint compromise affidavit.
Liberty allowed to file fresh compromise affidavit if so advised.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 25280 of 2018
Applicant :- Sudheer And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
During pendency of this application, the applicant no. 1 whose application was already rejected, has approached this Court by way of filing Application u/s 482 No. 18148 of 2019 that the parties have amicably settled the dispute and this Court vide order dated 06.05.2019 quashed the proceedings, however, there is no such affidavit or any document that the matter was compromised with the present applicant, therefore, only on the basis of above order, the proceeding cannot be quashed in the present case. In case an application is filed by joint affidavit of the applicant nos. 2, 3, 4 and opposite party no. 2, the application can be considered.
Accordingly, this application is dismissed. However, there will be liberty to the applicants to file fresh compromise affidavit, if so advised.
The interim order is vacated.
Order Date :- 29.11.2022 Puspendra
Digitally signed by PUSPENDRA NARAYAN SINGH Date: 2022.11.30 11:34:23 IST Reason: Location: High Court of Judicature at Allahabad
Sudheer And 3 Ors
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
