Kanchan Pal @ Kanchan Tirkey v. State of U.P. and Another
Case brief
What is this about?
This is an interim order in an application under Section 482 CrPC seeking quashing of criminal proceedings due to an alleged compromise. The court directed parties to verify the compromise before the lower court and stayed further proceedings.
What did the court decide?
Stay on further proceedings in Criminal Case No. 12554 of 2024 pending verification of compromise by the lower court.
What the court decided
Court No. - 76
Case :- APPLICATION U/S 482 No. - 41942 of 2024
Applicant :- Kanchan Pal @ Kanchan Tirkey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- Sonu Kumar Tiwari,G.A.
Hon'ble Dinesh Pathak,J.
- Sri S.K. Tiwari, learned Advocate has filed his memo of appearance on behalf of the opposite party No. 2, which is taken on record.
- Office is directed to print the name of Sri S.K. Tiwari, Advocate as learned counsel for the opposite party No. 2, whenever the case is listed next.
- Heard learned counsel for the applicant, learned counsel for the opposite party No. 2, learned A.G.A. for the State respondent and perused the record on board.
- It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and arrived at compromise. At present, both the parties have buried the hatchet and they have no grudge against each other. Therefore, instant application may be allowed and the criminal proceedings may be quashed on the basis of the compromise.
- Learned counsel for opposite party No. 2 has nodded the submissions as advanced by the learned counsel for the applicant and admitted the factum of the compromise took place between the parties. It is next contended that in changed circumstances, opposite party No. 2 is not inclined to prosecute the present applicant and, therefore, instant application may be allowed and entire criminal proceedings may be quashed on the basis of compromise.
Issues for consideration
3 issues framed by the court
Whether criminal proceedings should be quashed based on an out-of-court compromise between the parties.
Whether compromise has been verified before granting quashing under Section 482 CrPC.
Whether the applicant is directed to appear before the court below to verify the compromise.
Parties & counsel
- applicant
Kanchan Pal @ Kanchan Tirkey
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/41942/2024
All orders in this case
3 orders share this CNR
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