Ramesh Nishad and 3 Others v. State of U.P. and 4 Others

Court No. - 4 Case :- APPLICATION U/S 482 No. - 40426 of 2023 Applicant :- Ramesh Nishad And 3 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ajay Kumar Srivastava,Ganesh Shankar Patel Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Sanjay Srivastava, Advocate, who put up his appearance on behalf of the opposite party no.2.

¶2The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 with the prayer to quash the charge-sheet dated 14.01.2006 including cognizance order dated 10.02.2006 as well as entire criminal proceeding of case no.2113 of 2011 arising out of case crime no.4 of 2006, U/s 452, 323, 504, 506 I.P.C., Police Station Nawabganj, District-Kanpur Nagar, State Versus Ramesh Nishad pending in the court of Metropolitan Magistrate, IIIrd, Kanpur Nagar.

¶3It is admitted between the counsel for the parties present that a compromise has already been taken place between the parties on

28.8.2023, copy of which is appended as annexure 5 to the present petition. On the basis of which it is argued that the court below be directed to pass appropriate orders and till then no coercive action shall be taken against the applicants.

¶4Learned AGA has no objection.

¶5Accordingly, the parties are directed to appear before the court below along with certified copy of this order and move an proper application along-with original copy of the compromise deed executed between them for verification of the aforesaid compromise within a period of three weeks from today. If such an application along with compromise deed is filed within stipulated period, the court below is directed to verify the contents of the aforesaid compromise and after verifying the same, obtained the signatures of the parties to the aforesaid compromise and both the parties put their signatures and made statement that they were entered into the compromise voluntarily within a period of six weeks thereafter.

¶6In case, the Court concerned finds that the parties have entered into the compromise voluntarily and they do not want to proceed with the matter, the Court below will pass appropriate orders in the matter.

¶7For a period of ten weeks no coercive action shall be taken against the applicants.

¶8With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off. Order Date :- 2.11.2023 Pramod Tripathi High Court of Judicature at Allahabad