Charge-sheeted applicants sought under Section 482 CrPC that ongoing criminal proceedings be decided on an out-of-court compromise dated 27.5.2024. The compromise had not been filed before the trial court, so the High Court found the application misconceived at this stage and dismissed it.
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Neutral Citation No. - 2024:AHC:152783
Court No. - 77
Case :- APPLICATION U/S 482 No. - 21061 of 2024 Applicant :- Shyam Sunder Mishra @ Heera And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Tiwari Counsel for Opposite Party :- G.A.,Mamta Singh
Hon'ble Rajeev Misra,J.
Heard Mr. Arun Kumar Tiwari, the learned counsel for applicants, the learned A.G.A/ for State and Mrs. Mamta Singh, the learned counsel representing first informant opposite party 2.
Perused the record.
Applicants Shyam Sunder Mishra @ Heera and four others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr. P. C. with the prayer that the entire proceedings of Case No. 2199 of 2023 (State Vs. Shyam Sunder Mishra and others) arising out of Case Crime No. 0985 of 2019, under Sections 147, 148, 342, 504 and 308 I.P.C., Police Station Meja, District Prayagraj, now pending in the Court of Additional Civil Judge (Junior Division), Court No. 14, Prayagraj be decided on the basis of the compromise dated 27.5.2024 entered into by the parties.
Learned counsel for applicants submits that during the pendency of aforementioned criminal case, parties amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a compromise dated 27.5.2024 was drawn. Photo copy of the same has been brought on record as Annexure 6 to this affidavit.
At this juncture, the Court made a pointed query as to whether the said compromise has been filed before Court below or not. The learned counsel for applicants submits that the said compromise has not been filed before Court below.
In view of above, the present application is misconceived at this stage.
It is, accordingly, dismissed at this stage.
Order Date :- 19.9.2024/HSM
Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether charge-sheeted accused can have pending criminal case proceedings decided on the basis of an out-of-court compromise not yet filed before the court below.
1 provisions across 1 enactments
Shyam Sunder Mishra @ Heera and 4 Others
State of U.P.
First Informant (Opposite Party 2)
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
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