Shanker Lal and Another v. The State of U.P and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 2162 of 2011 Applicant :- Shanker Lal And Another Opposite Party :- The State Of U.P And Another Counsel for Applicant :- Malti Misra,Vyas Narayan Shukla Counsel for Opposite Party :- Govt. Advocate Hon'ble Saurabh Lavania,J. Heard. By means of present application, the applicants have assailed the criminal proceedings, arising out of Charge Sheet No. 05 of 2005, dated 08.08.2005 (State vs. Rajesh Kumar and Others), in Crime No. 404/04 under Sections 147, 148, 149, 307, 336, 506 IPC, P.S.-Amethi, District-Sultanpur and the summoning order dated 16.10.2008. As stated by the learned counsel for the applicants Sri Vyas Narayan Shukla, the present application assailing the criminal proceedings by the applicants is based upon the order dated

31.03.2011 passed in U/S 482/378/407 No. 1474 of 2011 (Rajesh Kumar Agrahari And Others vs. State of U.P. And Another), whereby this Court based upon the compromise entered into between the parties quashed the proceedings qua applicants of U/S 482/378/407 No. 1474 of 2011. It appears from the photocopy of the compromise, which has been annexed as Annexure No. 4 to the present application, that the applicants were parties to the commpromise but it is not clear from the record that as to whether the compromise was duly verified by the trial court or not, as such, this Court is not inclined to interfere in the impugned proceedings. The application under Section 482 Cr.P.C. is hereby dismissed. It is open for the applicants to prefer an application for bail as also the application for discharge before the trial court, which shall be considered and decided expeditiously, as per law. Order Date :- 20.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench