Gulab Singh and 2 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33730 of 2023 Applicant :- Gulab Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Braham Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Supplementary affidavit, filed on behalf of applicants and Vakalatnama, filed by Sri Susheel Kumar Tiwari on behalf of opposite party no. 2 are taken on record.

¶2Heard learned counsel for the applicants; learned counsel for opposite party no. 2 and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the proceedings of Criminal Case No.5978 of 2009 (arising out of Case Crime No.55 of 1992) under Sections 147, 436, 427 I.P.C., and 3(iv) S.C./S.T. Act, P.S. Katghar, District Moradabad, pending in the court of learned Additional C.J.M.-Ist Moradabad.

¶4It has been contended by learned counsel for the applicants that applicants and opposite party no. 2 had settled the dispute and entered into compromise in the year 1992 and two accused is no more and they were also part of the compromise. It has been next submitted that both the parties have amicably settled their dispute and entered into a compromise and they will file a fresh compromise before the trial court.

¶5Learned AGA does not dispute the correctness of the facts.

¶6Accordingly, it is provided that the parties shall appear before the court below with fresh compromise application 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 :- 9.11.2023 Meenu Singh High Court of Judicature at Allahabad