Rajan Pal and 3 Others v. State of U.P. and Another
Case brief
What is this about?
The High Court disposed of an application to quash a charge sheet arising under Sections 498A, 323, 354-Kha, 504, 506 IPC and DP Act, directing the parties to approach the Court below to verify the compromise within two months before further relief is considered.
What did the court decide?
Application disposed; coercive action stayed for two months; parties directed to verify compromise before lower court.
What the court decided
Court No. - 68
Case :- APPLICATION U/S 482 No. - 41983 of 2022
Applicant :- Rajan Pal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yashpal Yadav,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Certified copy of the affidavit along with compromise deed has been passed on to the Court, which is taken on record.
Heard Mr. Sunil Kumar Yadav, learned counsel for the applicants and Mr. Rakesh Soni, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 17.04.2022 and consequential proceeding of Criminal Case No.6102/9 of 2022 (State Vs. Rajan Pal and another), arising out of Case Crime No.08 of 2022, under Sections 498A, 323, 354-Kha, 504, 506 I.P.C. and Section 3/4 D.P. Act, 1961, Police Station-Mahila Thana, DistrictShamli, pending before Judicial Magistrate, Shamli at Kairana, on the basis of compromise.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, certified copy of the affidavit along with compromise deed, filed before the Court below, has been passed on to the Court and is taken on record, wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.
Issues for consideration
1 issue framed by the court
Whether the High Court can finally dispose of a Section 482 Cr.P.C. application quashing a charge sheet without verifying the compromise at the stage of the High Court.
Parties & counsel
- applicant
Rajan Pal And 3 Others
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- A482/41983/2022
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