Gopal Krishna Dwivedi and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33086 of 2023 Applicant :- Gopal Krishna Dwivedi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Yadav 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 13.09.2017, Cognizance Order dated 24.01.2018 as well as the entire proceedings of Case No. 28483 of 2018 (State Vs. Gopal Krishna Dwivedi and others), arising out of Case Crime No. 0171 of 2017, under Sections-452, 352, 323, 506 I.P.C., Police Station-Kidwai Nagar, District-Kanpur Nagar, pending in the court of learned Metropolitan Magistrate-08, Kanpur Nagar.

¶3It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-6 to the application. He next contended that parties have also filed compromise application in proceedings under Section 13-B of Hindu Marriage Act.

¶4Accordingly, 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 applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

¶5In view of the above, the present application is disposed of.

¶6For a period of five weeks, no coercive measure shall be taken against the applicants. Order Date :- 3.11.2023 Aditya High Court of Judicature at Allahabad