High Court disposed of a petition seeking quashing of proceedings on an N.B.W. order due to settlement. Informant directed to return compensation; proceedings quashed.
Proceedings of the case deemed quashed; informant directed to return compensation of Rs. 6225/- to the collector.
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Neutral Citation No. - 2023:AHC:230782
Court No. - 80
Case :- CRIMINAL APPEAL No. - 3404 of 2023 Appellant :- Santosh Gupta And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Amit Kumar Chauhan Counsel for Respondent :- G.A.,Santosh Kumar Tiwari
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for both the parties and learned A.G.A. for the State.
The present petition has been filed by the petitioner to allow the present petition and set aside the N.B.W. order dated 16.3.2018 passed by learned Special Judge S.C./S.T. Act, Azamgarh in Session Trial No. 633 of 2014 arising out of Case Crime No. 428 of 2011, under Sections 147, 149, 323, 504, 506 IPC and Section 3(1)X S.C./S.T. Act, Police Station Jiyanpur, District Azamgarh.
Learned counsel for both the parties submits that compromise was filed before the learned court which has already been verified by the learned court concerned, report dated 22.6.2023 which is on record. Further submitted that this Court called for a report from District Magistrate about the amount of compensation paid to the informant, the report of which has also been received that is on record and show that Rs. 6225/- were paid as compensation by the State.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of record, it appears that the compromise was filed before the learned court concerned which was verified. The certified copy of the compromise with verification by the learned court concerned is on record. Since the matter has been settled between the parties amicably, it will serve no purpose to keep this matter pending, therefore in view of compromise between both the parties. The informant is hereby directed to return the amount of Rs. 6225/- to the collector, thereafter the proceedings of the case as aforesaid will be deemed to be quashed.
Learned court is to take steps in this regard accordingly.
With the above observation, the present petition is disposed of finally.
Order Date :- 6.12.2023/A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
Santosh Gupta And 3 Others
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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