The High Court (Lucknow Bench) disposed of an application under Section 482 Cr.P.C. without quashing pending proceedings, directing the trial court to verify the alleged compromise on a future date. The matter remains open.
Direction to verify compromise at trial court level; case pending further.
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Court No. - 11
Case :- APPLICATION U/S 482 No. - 7070 of 2024
Applicant :- Raksha Ram And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Gyanendra Pathak,Shreesh Kumar Mishra Atal Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for the applicants, learned AGA for respondent no.1 as well as Sri Adarsh Kumar Tripathi, learned counsel, who files Vakalatnama today in Court on behalf of the respondent no. 2, which is taken on record.
Instant petition under Section 482 Cr.P.C./538 BNSS, 2023 has been filed contending that all the parties in dispute have arrived at a settlement by way of a compromise deed dated 05.12.2023, a copy of which is Annexure 3 to the petition, pertaining to Sessions Trial No.11 of 2016 in re: Munshi Ram vs. Raksharam etc., Police Station Sonwa, District Shrawasti. It is contended that as the parties have compromised consequently, proceedings pending against the applicants be quashed.
On the other hand, Sri Adarsh Kumar Tripathi, learned counsel for the respondent no.2 also states that parties have entered into the compromise pertaining to the aforesaid proceedings.
In order to ascertain the veracity of the compromise, let the parties concerned appear before the Court concerned on 23.08.2024.
The learned trial Court shall verify the factum of compromise arrived at between the parties.
In view of the aforesaid, the petition is disposed of.
It would be open for the parties to approach this Court in case any cause of action arises.
Let copy of the original compromise deed be returned to the learned counsel for the parties after retaining a photocopy thereof on record as per rules.
Order Date :- 12.8.2024 A. Katiyar
Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the application for quashing criminal proceedings can be disposed of without verifying the compromise deed.
2 provisions across 2 enactments
Raksha Ram And 5 Others
State Of U.P.
Abdul Moin
Amit Katiyar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
