Ashish Singh @ Kariya Singh and 6 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 25461 of 2023 Applicant :- Ashish Singh @ Kariya Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A.,Vikas Tiwari Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for applicants, learned counsel for the opposite party no.2 as well as the learned A.G.A. for State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Special Session Case No. 142 of 2023 (State Vs. Ashish Singh @ Kariya and other) under Section 147, 323, 325, 452, 504, 506 I.P.C. and 3(1) da, 3(1) dha, 3(2) 5 ka SC/ST Act, Police Station Bilariyaganj, District Azamgarh arising out of Case Crime No. 61 of 2019 as well as charge sheet No. 75-A of 2019 dated 14.07.2019 filed in the above mentioned case crime as well as impugned summoning order dated 15.03.2023 passed by Special Judge SC/ST Act, District Azamgarh.

¶3Learned counsel for the applicants submits that due to strike of lawyer going on District Azamgarh, parties could not appear and compromise could not be verified in persuance of the order dated

18.07.2023.

¶4On the other hand, learned AGA as well as learned counsel for the opposite party no.2 could not dispute the aforesaid fact.

¶5In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

¶6With the aforesaid directions, this application u/s 482 Cr.P.C. is finally disposed of. Order Date :- 17.11.2023 Sanjeet High Court of Judicature at Allahabad