Ram Balak Chaubey and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39811 of 2023 Applicant :- Ram Balak Chaubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Supplementary affidavit filed today on behalf of the applicants, is taken on record.

¶2Compromise affidavit filed today on behalf of the opposite party no.2 is also taken on record.

¶3Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶4The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No.12 of 2022 (Shankar Prasad @ Shankar Lal Gautam vs. Ram Balak Chaubey & another), under Sections 323, 504, 506 I.P.C & Section 3(1)(R), 3(1)(S) & 3(2)(va) Schedule Caste/Schedule Tribes (Prevention of Atrocities ) Act, 1989, Police Station-Shivpur, District-Varanasi, pending in the court of Special judge SC/ST Act, Varanasi.

¶5Learned counsel for the applicants submits that parties have amicably settled their dispute out of the Court. Now opposite party no.2 does not want to proceed further with the case. Copy of the compromise deed dated 04.10.2023 has been filed as Annexure -5 to the affidavit.

¶6Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

¶7Accordingly, 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 applicant to file a fresh application U/S 482 at that stage for the relief sought herein.

¶8In view of the above, the present application is disposed of.

¶9For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 30.10.2023/SKD High Court of Judicature at Allahabad