Smt Radhika Devi and Another v. State of U.P. and Another
Case brief
What is this about?
Application under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise. The Court noted the compromise was verified by the trial court but restricted to interim relief, directing parties to file counter affidavits. No final disposal of the quashing application in this order.
What did the court decide?
Interim direction that no coercive action shall be taken against the applicants until further orders.
What the court decided
Court No. - 77
Case :- APPLICATION U/S 482 No. - 21064 of 2024
Applicant :- Smt Radhika Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Deepak Kumar Tripathi, the learned counsel for applicants and the learned A.G.A. for State.
Perused the record.
Applicant Smt. Radhika Devi and Kiran Yadav, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr. P. C. with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire proceedings of Case No. 2292 of 2011 State Versus Radhika Devi) arising out of Case Crime No. 201 of 2011 Under sections 323, 324, 504, 506 I.P.C., Police Station Kotwali Khalilabad, District Sant Kabir Nagar pending before the Court of Chief Judicial Magistrate, District Sant Kabir Nagar on the basis of compromise dated 19.05.2022.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No. 2292 of 2011 Staté Versus Radhika Devi) arising out of Case Crime No. 201 of 2011 Under sections 323, 324, 504, 506 I.P.C., Police Station Kotwali Khalilabad, District Sant Kabir Nagar pending before the Court of Chief Judicial Magistrate, District Sant Kabir Nagar during the pendency of the present application before this Hon'ble Court and/or may pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
Issues for consideration
2 issues framed by the court
Whether the High Court should quash criminal proceedings based on a compromise verified by the trial court.
Whether proceedings under cognizable and non-bailable offences can be terminated based on compromise.
Parties & counsel
- petitioner
Smt Radhika Devi
- petitioner
Kiran Yadav
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- A482/21064/2024
All orders in this case
4 orders share this CNR
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