- Court
- High Court of Judicature at Allahabad
- Decided
- 12 October 2023
- Case no.
- A482 33518/2023
Judgment
Court No. - 89 Case :- APPLICATION U/S 482 No. - 33518 of 2023 Applicant :- Hitesh Mavi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Mishra,Lok Nath Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
¶1Vakalatnama has been filed today in the Court by Sri Premnendra Singh on behalf of opposite party No.2, is taken on record.
¶2Heard learned counsel for the applicant, learned counsel for opposite party No.2 and learned A.G.A. for the State.
¶3The present 482 Cr.P.C. application has been filed to quash the cognizance/summoning order dated 29.11.2017, charge sheet dated 23.11.2017 as well as the entire proceedings of Criminal Case No.4231 of 2017, arising out of Case Crime No. 814 of 2017, under Sections-279, 338 I.P.C., Police Station-Surajpur, District-Gautam Budh Nagar, pending in the court of Civil Judge
(JD)/FTC-1, Gautam Budh Nagar.
¶4Learned counsel for the applicants submits that the parties have reconciled their differences and compromise have entered between them which has been reduced in writing. Compromise deed has not been filed before the trial court. Compromise deed has been filed as annexure 4 to the affidavit.
¶5Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.
¶6Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and compromise deed on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.
¶7In view of the above, the present application is disposed of.
¶8For a period of five weeks, no coercive measure shall be taken against the applicant. Order Date :- 13.10.2023 Nitin Verma High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.