Tej Pratap Singh and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 38983 of 2023 Applicant :- Tej Pratap Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Chaube Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Vakalatnama filed today by Sri Shrawan Kumar Mishra, Advocate, on behalf of opposite party no.2 is taken on record.

¶2Heard learned counsel for the applicants, Sri Shrawan Kumar Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to decide the Case No.no.4048 of 2020 arising out of Case Crime No.426 of 2019 (State Vs. Tej Pratap Singh and others), under sections 420, 504, 506 I.P.C. Police Station-Hathras Gate, District-Hathras, pending in the court of Chief Judicial Magistrate, Hathras.

¶4Learned counsel for the applicants submits that alleged sections herein are compoundable offence. Offence under sections 504 & 506 are compoundable offence and trial court has power to compound the offence under section 320 Cr.P.C.

¶5Learned AGA and learned counsel appearing for the opposite party no. 2 have vehemently opposed the submission of learned counsel for the applicants.

¶6From the record, it is clear, applicants have filed application before trial court that parties have settled their dispute by making payment and has settled the dispute. The offence under section 320 Cr.P.C. is compoundable offence. Trial court is directed that if parties approach with compromise application as they have said to be settled their dispute out of court, trial court after verifying the parties and contents shall decide and compound the offence in terms of compromise within a period of one month from the date of production of certified copy of this order.

¶7In view of the above, the present application is disposed of. Order Date :- 19.10.2023 SKD High Court of Judicature at Allahabad