Disposed
Shivnandan and Another v. State of Up through Sec. Home and Another
Allahabad HCA482/29007/2022
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Case :- APPLICATION U/S 482 No. - 29007 of…
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Case :- APPLICATION U/S 482 No. - 29007 of…
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 29007 of 2022 Applicant :- Shivnandan And Another Opposite Party :- State Of Up Through Sec. Home And Another Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.,Madan Mohan
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Shri Madan Mohan, learned Counsel appearing for respondent no. 2.
Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled outside the Court by way of entering into compromise which is on record as Annexure No. 4 to the petition. It has also been submitted that copy of the compromise has also been filed before the trial court. It is thus prayed that since the dispute between the parties has been settled finally by entering into compromise and the same has been filed before the trial court, it is liable to be verified by the learned trial court so that on the basis of such verification report as well as the compromise, the proceedings impugned may be quashed.
Learned counsel for respondent no. 2 concedes the argument of learned counsel for the petitioners.
Learned A.G.A. has no objection if the compromise is first verified by the competent Court.
In view of the above the parties are directed to appear before the learned trial court on 01.11.2022 along with the copy of original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.
For a period of two month, the proceedings of case No. case No. 2119 of 2016 in Case Crime No. 71 of 2012 Under Section 419, 420, 323, 504, 506 I.P.C., P.S. Nichlaul, District Maharajganj pending in the court of Additional Chief Judicial Magistrate, Maharajganj, shall be kept in abeyance.
In view of the above, the petition is disposed of.
Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its
verification.
Office is directed to return the original compromise to learned counsel for the petitioners as per Rules of the Court.
Order Date :- 10.10.2022/RC
Digitally signed by RAM CHANDER YADAV Date: 2022.10.13 10:06:32 IST Reason: Location: High Court of Judicature at Allahabad
Shivnandan And Another
Karunesh Singh Pawar
As recorded by the court registry
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