Sonu Jaiswal and Another v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38740 of 2023 Applicant :- Sonu Jaiswal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the impugned cognizance order dated 12.02.2008 passed by Civil Judge (J.D.), Kaushambi and charge sheet dated 24.11.2007 as well as entire criminal proceeeding of Criminal Case No. S.T. No. 434 of 2011 (State vs. Om Prakash and others) arising out of Case Crime No. 181 of 2007 under Section 308, 504 I.P.C., Police Station Karari, District Kaushambi on the basis of compromise dated 1.8.2022.

¶3Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise have entered between them which has been reduced in writing. Copy of the same is annexed as Annexure No.(4) to the present application.

¶4Learned AGA appearing for the opposite party no. 1 does not dispute the correctness of the aforesaid submission made by learned counsel for the applicants.

¶5Accordingly, it is provided that the parties shall appear before the court below and file a certified copy of this order within two weeks, along with the original copy of the compromise dated

1.8.2022. It is, therefore, expected that the court below 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.

¶6In view of the above, the present application is disposed of.

¶7For a period of two months or till the final order passed on the compromise application by the court below whichever is earlier, no coercive measure shall be taken against the applicant.

¶8In case, the applicants are still aggrieved or if no action is taken, it will be open for the applicant to approach this Court afresh. Order Date :- 18.10.2023 Swati High Court of Judicature at Allahabad