Shankar Lal and 3 Others Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Shankar Lal and 3 Others Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter kept pending and listed in the week commencing 5th May, 2025 for adjudication on the trial court's verification report of the compromise dated 31.01.2024; interim direction that no coercive action be taken against the applicants in the said Sessions Trial till the next date of listing; trial court to accept and verify the compromise within four weeks.

Issue for consideration

Whether, in view of the compromise dated 31.01.2024 arrived at between the parties, the proceedings in Sessions Trial No. 324 of 2012 (Case Crime No. 195-A/2003, under Sections 147, 148, 149, 307 of IPC and 2/3 Gangster Act, Police Station Kishni, District Mainpuri), which are under challenge in the present Application U/S 482 No. 40763 of 2024, should be dealt with accordingly. +1 more

Court's answer

Both learned counsel were requested to advise their clients to file the compromise dated 31.01.2024, which had already been mentioned before the learned Additional Sessions Judge/F.T.C./G.S.T, Mainpuri.

Ratio / Principle

The learned Additional Sessions Judge/F.T.C./G.S.T, Mainpuri is directed to accept the compromise, if preferred by either of the parties, and verify it within the next four weeks from receipt, in the presence of both the parties.

Key takeaways

The Registrar (Compliance) is directed to ensure service of this order upon the trial court within 24 hours and to place the verification report on record, so that the matter may be adjudicated on the basis of the verification report.ratio¶¶9
As an interim measure, till the next date of listing, no coercive action shall be initiated against the applicants in pursuance of Sessions Trial No. 324 of 2012, arising out of Case Crime No. 195-A/2003, under Sections 147, 148, 149, 307 of IPC and 2/3 Gangster Act, Police Station Kishni, District Mainpuri.ratio¶¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saurabh Srivastava, J.) — Application U/S 482 No. 40763 of 2024, Shankar Lal And 3 Others v. State Of U.P. And 2 Others, Order dated 9.4.2025: On the joint submission of learned counsel for both sides that the parties had already entered into a compromise reduced in writing on 31.01.2024 in respect of the proceedings in Sessions Trial No. 324 of 2012, arising out of Case Crime No. 195-A/2003, under Sections 147, 148, 149, 307 of IPC and 2/3 Gangster Act, Police Station Kishni, District Mainpuri, pending before the learned Additional Sessions Judge/F.T.C./G.S.T, Mainpuri, the Court requested counsel to advise their clients to file the compromise before the trial court; directed the trial court to accept the compromise, if preferred by either party, and verify it within the next four weeks from receipt in the presence of both parties; directed the Registrar (Compliance) to ensure service of the order upon the trial court within 24 hours and place the verification report on record so that the matter may be adjudicated thereon; directed Office to return the original compromise to the applicants' counsel; listed the case in the week commencing 5th May, 2025; and ordered that, till the next date of listing, no coercive action shall be initiated against the applicants in pursuance of the said Sessions Trial.

Court No. - 74

Case :- APPLICATION U/S 482 No. - 40763 of 2024

Applicant :- Shankar Lal And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard Sri Narendra Singh, learned counsel appearing for the applicants, learned counsel for opposite party nos. 2 and 3 and learned A.G.A. for the State.

At the very outset, both the learned counsel appearing for the parties jointly submitted that parties have already entered into a compromise, which has been reduced in writing on dated 31.01.2024 and the same has been preferred through the instant application in original for challenging proceedings initiated in pursuant to Sessions Trial No. 324 of 2012, arising out of Case Crime No. 195-A/2003, under Sections 147, 148, 149, 307 of IPC and 2/3 Gangster Act, Police Station Kishni, District Mainpuri, pending in the Court of learned Additional Sessions Judge/F.T.C./G.S.T, Mainpuri.

Both the learned counsel appearing for the parties are hereby requested to advise their clients to file their compromise dated 31.01.2024. Although which has been mentioned before the learned Additional Sessions Judge/F.T.C./G.S.T, Mainpuri.

Learned Additional Sessions Judge/F.T.C./G.S.T, Mainpuri is hereby directed to accept the same, if preferred by either of the parties and verify within next four weeks from the date of receiving of the same in presence of both the parties.

Registrar (Compliance) is hereby directed to ensure service of this order upon learned Additional Sessions Judge/F.T.C./G.S.T, Mainpuri within 24 hours and place the verification report after receiving the same from learned court concerned in records, so that the matter may be adjudicated on the basis of verification report.

List this case in the week commencing 5th May, 2025.

Office is directed to return the original copy of compromise dated 31.01.2024 to the office of learned counsel for the

applicants.

Till the next date of listing, no coercive action shall be initiated against the applicants in pursuance of Sessions Trial No. 324 of 2012, arising out of Case Crime No. 195-A/2003, under Sections 147, 148, 149, 307 of IPC and 2/3 Gangster Act, Police Station Kishni, District Mainpuri.

Order Date :- 9.4.2025 Vikram

Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad