Raju and 2 Others v. State of Up and 2 Others
Case brief
What is this about?
In a Section 482 Cr.P.C. application, the Allahabad High Court stayed coercive actions against applicants while directing the trial court to verify a compromise deed. The court noted that although Section 325 IPC is compoundable, broader principles allow compromise in cognizable cases per Parbatbhai Aahir, emphasizing the private nature of the dispute.
What did the court decide?
Interim order staying coercive action against applicants until further orders; directions to trial court to verify compromise.
What the court decided
Court No. - 77
Case :- APPLICATION U/S 482 No. - 16648 of 2024
Applicant :- Raju And 2 Others Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ramesh Chandra Counsel for Opposite Party :- G.A.,Rafeek Ahmad
Hon'ble Rajeev Misra,J.
- Heard Mr. Ramesh Chandra, the learned counsel for applicants, the learned A..G.A. for State and Mr. Rafeek Ahmad, the learned counsel representing first informant/opposite party-2..
2. Perused the record.
- Applicants-Raju, Harihar and Sitaram, whoare charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. challenging the entire proceedings of Criminal Case No. 458 of 2022 (State Vs. Raju and others) under Sections 323, 325, 504 and 506 I.P.C. Police StationSrinagar, District-Mahoba now pending in the Additional Sessions Judge/Special Judge (SC/ST) Act, Mahoba in view of the compromise entered into by the paries.
- Learned counsel for applicants submits that applicants are charge-sheeted accused. However, during the pendency of present criminal proceedings before court below, parties amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a compromise deed was drawn. On the above compromise entered between the parties, a joint applicaton dated 15.03.2023 was filed by the parties before court below below praying therein that since the parties have entered into a compromise therefore entire proceedings of aforementioned
Issues for consideration
1 issue framed by the court
Whether the High Court can stay coercive action against applicants pending verification of compromise in criminal proceedings under Section 482 Cr.P.C.
Parties & counsel
- applicant
Raju
- applicant
Harihar
- applicant
Sitaram
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/16648/2024
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