Ramesh Kumar Khatik and 2 Others v. State of U.P. and 2 Others

Court No. - 4 Case :- APPLICATION U/S 482 No. - 39177 of 2023 Applicant :- Ramesh Kumar Khatik And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rakesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicants and the learned Additional Government Advocate for the State.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings in Case No. 3116 of 2018, State Vs. Ramesh Kumar Khatik and others, arising out of charge sheet dated 25.04.2010 submitted in Case Crime No. 220A of 2010, under section 323, 504 and 506 I.P.C., Police Station-Kotwali, District-Lalitpur on the basis of compromise between the parties dated 07.07.2023 pending before the Additional Sessions/Special Judge, (S.C./S.T.) Lalitpur. Further prayer is made to stay the proceedings of aforesaid case.

¶3Pursuant to the order passed by this Court dated 31.07.2023 in Application U/S 482 Cr.P.C. No.27532 of 2023, an order was passed by the Additional District Judge/Special Judge, SC and ST, Lalitpur on the compromise application filed by the parties.

¶4It appears from perusal of the aforesaid orders that the parties were duly appeared before the court below and the court below verified the facts mentioned in the compromise application.

¶5It is argued by counsel for the applicants that in view of the compromise made between the parties the entire criminal proceeding is liable to be quashed.

¶6In this view of the matter, the Court is of the opinion that once compromise has already been made between the parties and the same has already been verified no purpose would be served keeping the criminal proceedings pending.

¶7In this view of the matter, entire criminal proceedings in Case No. 3116 of 2018 arising out of charge sheet dated 25.04.2010 submitted in Case Crime No. 220A of 2010, under section 323, 504 and 506 I.P.C., Police Station-Kotwali, District-Lalitpur is hereby quashed.

¶8The present application is allowed. Parties are directed to place copy of this order before the court below within three weeks for keeping on record. Order Date :- 1.11.2023 Pramod Tripathi High Court of Judicature at Allahabad