Manager Head Branch Poonawala Fincorp Ltd. Thru. Sandeep Kumar Tripathi and Another Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another — Allahabad HC (2024) — LawSathi Research

Manager Head Branch Poonawala Fincorp Ltd. Thru. Sandeep Kumar Tripathi and Another Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of; parties directed to appear before the trial Court (Additional Civil Judge (Senior Division)-I/Additional Chief Judicial Magistrate, Sultanpur) on 01.10.2024 for verification of the factum of compromise; liberty reserved to the parties to approach this Court if any cause of action arises; original compromise deed to be returned to learned counsel for the applicant after retaining photocopy on record as per rules.

Issue for consideration

Whether the entire proceedings of Criminal Complaint Case No. 10309 of 2023 (Mohd. Kashim Vs. Chief Manager and Ors) under Sections 419/406 IPC, pending before the Additional Civil Judge (Senior Division)-I/Additional Chief Judicial Magistrate, Sultanpur, should be quashed in view of the compromise arrived at between the parties.

Court's answer

The parties concerned shall appear before the learned Additional Civil Judge (Senior Division)-I/Additional Chief Judicial Magistrate, Sultanpur on 01.10.2024.

Ratio / Principle

The learned trial Court shall verify the factum of compromise arrived at between the parties.

Key takeaways

The petition is disposed of, with liberty to the parties to approach this Court in case any cause of action arises.ratio¶¶12
The original copy of the compromise is to be returned to the learned counsel for the applicant after retaining the photocopy of the same on record as per rules.ratio¶¶14

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by the Manager, Head Branch, Poonawala Fincorp Ltd. (through Sandeep Kumar Tripathi and another) seeking quashing of the entire proceedings of Criminal Complaint Case No. 10309 of 2023, Mohd. Kashim Vs. Chief Manager and Ors, under Sections 419/406 IPC, Police Station Kotwali Nagar, District Sultanpur, pending before the learned Additional Civil Judge (Senior Division)-I/Additional Chief Judicial Magistrate, Sultanpur. Consensus at bar that the parties have entered into a compromise (compromise deed dated NIL, copy annexed as annexure 3). The Court disposed of the petition, directing the parties to appear before the trial Court on 01.10.2024 and the trial Court to verify the factum of compromise; liberty reserved to the parties to approach the Court in case any cause of action arises; original compromise deed to be returned to counsel for the applicant after retaining a photocopy on record as per rules. (Abdul Moin, J.; order dated 12.9.2024)

Neutral Citation No. - 2024:AHC-LKO:63392

Court No. - 11

Case :- APPLICATION U/S 482 No. - 6980 of 2024

Applicant :- Manager Head Branch Poonawala Fincorp Ltd. Thru. Sandeep Kumar Tripathi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Rajnish Kumar Singh,Shashank Vikram Shah,Sonal Bajpai

Counsel for Opposite Party :- G.A.,Pramod Kumar

Hon'ble Abdul Moin,J.

Heard learned counsel for the appellant, learned AGA appearing on behalf of the State and Sri P.K.Verma, Advocate who files his Vakalatnama today in Court on behalf of the respondent no. 2 which is taken on record.

Instant application under Section 482 Cr.P.C has been filed praying for quashing of the entire proceedings of Criminal Complaint Case No. 10309 of 2023 Inre; Mohd. Kashim Vs. Chief Manager and Ors under Section 419/406 I.P.C Police Station- Kotwali Nagar District- Sultanpur pending before the learned Additional Civil Judge (Senior Division)-I/ Additional Chief Judicial Magistrate, Sultanpur.

There is consensus at bar that the parties have entered into the compromise vide compromise deed dated NIL, a copy of which is annexure 3 the application.

In order to ascertain the veracity of the compromise, let the parties concerned appear before the Court concerned i.e learned Additional Civil Judge (Senior Division)-I/ Additional Chief Judicial Magistrate, Sultanpur on 01.10.2024.

The learned trial Court shall verify the factum of compromise arrived at between the parties.

In view of the aforesaid, the petition is disposed of.

It would be open for the parties to approach this Court in case any cause of action arises.

Original copy of the compromise be returned to the learned counsel for the applicant after retaining the photo copy of the same on record as per rules.

Order Date :- 12.9.2024 Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench