Malkhan Singh and 3 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 44332 of 2023 Applicant :- Malkhan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ray Sahab 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 29.01.2023, summoning order dated 07.11.2023 as well as the entire proceedings of Criminal Case No.26526 of 2023 arising out of Case Crime No.329 of 2022, under Sections 420, 467, 468, 471, 504, 506 I.P.C, District-Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi.

¶3Learned counsel for the applicants submits that it is a civil nature dispute and parties have settled the dispute out of the Court and have filed compromise deed. Copy of the compromise deed has been filed as Annexure 9 to the application.

¶4Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

¶5Accordingly, it is provided that the parties shall appear before the court below 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 :- 5.12.2023 SKD High Court of Judicature at Allahabad