Gayanmati and 3 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39438 of 2023 Applicant :- Gayanmati And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Swaroop Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,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 entire proceedings of Criminal Case No.10 of 2014 arising out of Case Crime No.288 of 2012, under sections 419, 420, 467, 468 and 471 IPC, Police Station-Campierganj , District-Gorakhpur , pending in the court of Judicial Magistrate III, Gorakhpur.

¶3Learned counsel for the applicant submits that the informant died in the year June, 2022. Thereafter other members of the family have compromised the matter with the applicants and compromise entered between the parties, which is filed as Annexure No.4 to this affidavit and the learned counsel for the applicants has filed this application to quash the proceedings on account of compromise deed dated 17.08.2023. Consequently, the parties will appear before the trial court with compromise deed entered between the parties.

¶4Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

¶5Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order 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.

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

¶7For a period of five weeks, no coercive measure shall be taken against the applicant. Order Date :- 27.10.2023 SFH High Court of Judicature at Allahabad