Application under Section 482 Cr.P.C. seeking quashing of criminal proceedings based on a compromise. The Court directed parties to file a verified compromise before the trial court within 30 days, subject to a fresh application by the applicants.
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Neutral Citation No. - 2024:AHC:147937
Court No. - 82
Case :- APPLICATION U/S 482 No. - 29507 of 2024
Applicant :- Jakiuddin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the parties as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed by the applicants with prayer to allow this applicant and quash the entire proceedings of S.T. No. 6 of 2024 as well as charge sheet no. 44 of 2020 arising out of Case Crime No. 21 of 2020, under Section 323, 324, 504, 506, 308 IPC, Police Station Earch, District Jhansi as well as impugned summoning order dated 2.11.2020 passed by Judicial MagistrateII Jhansi, pending in the court of Additional Session Judge, Garautha, Jhansi on the basis of compromise dated 20.08.2024 as made between the parties.
It is submitted by learned counsel for both the parties that in this case, parties have entered into compromise and settled their dispute amicably. Compromise was filed by the parties before the learned court but it was rejected as offence being non compoundable, therefore request to direct the parties and learned court to file fresh compromise before the learned court and it be verified and then to decide the present case in terms of compromise.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. for the State and perusal of record, it is expedient to direct the parties to appear before the learned trial court within a period of 30 days from today and to file compromise as entered into between the parties that will be verified by the learned trial court then the parties may file separate application with certified copy of verified compromise before this Court.
Accordingly, the present application is disposed of , finally.
Order Date :- 11.9.2024 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
1 provisions across 1 enactments
Jakiuddin And 2 Others
Subhash Chandra Sharma
Anurag Singh
As recorded by the court registry
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