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Umashankar Sharma and Another v. State of U.P. and 2 Others

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
27 October 2023
Case no.
A482 39645/2023

Judgment

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39645 of 2023 Applicant :- Umashankar Sharma And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mahendra Tripathi 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 charge sheet dated 14.12.2008 as well as entire proceedings of Criminal Case No.1786 of 2009 (State Vs. Umashankar and another) arsing out of Case Crime No. 803 of 2008, under Sections 406, 420, 467, 468 I.P.C., P.S. Hariparvat, District Agra, pending in the court of Chief Judicial Magistrate, Agra.

¶3It has been contended by learned counsel for the applicantthat the applicants and opposite party no. 2 have amicably settled their dispute and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no. 3 to the present application, hence the proceeding against the applicants be quashed.

¶4Learned AGA does not dispute the correctness of the facts.

¶5Accordingly, it is provided that the parties shall appear before the court below with compromise deed 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 applicants. Order Date :- 28.10.2023 Meenu Singh 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.