Application under Section 482 Cr.P.C. was dismissed as withdrawn by the applicant with liberty to file for compounding. The court directed the lower court to consider principles from Damodar S. Prabhu case if a fresh application is filed.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 5107 of 2023
Applicant :- Namita Dayal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradumn Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Learned counsel for the applicant submits that the applicant may be permitted to withdraw the present application under Section 482 Cr.P.C. with liberty to file appropriate application for compounding before the court below.
Accordingly, application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty. In case any such application is filed, the court concerned shall endeavour to decide the same keeping in view the principles laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H., reported in 2010 0 Supreme (SC) 396.
Order Date :- 20.2.2023 VMA
Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Damodar S. Prabhu Vs. Sayed Babalal H.Referred¶6
Damodar S. Prabhu Vs. Sayed Babalal H., 2010 0 Supreme (SC) 396
1 provisions across 1 enactments
Namita Dayal
State of U.P.
Vikram D. Chauhan
Vishwanath Mohan Arora
As recorded by the court registry
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