Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Ravindra Nath Pandey And 2 Others v. State Of U.p. Thru. Prin. Secy. Home Lko. And Another

Ravindra Nath Pandey And 2 Others v. State Of U.p. Thru. Prin. Secy. Home Lko. And Another

(High Court Of Judicature At Allahabad, Lucknow Bench)

APPLICATION U/S 482 No. - 4362 of 2024 | 13-05-2024

1. Vakalatnama filed by Shri Ashish Kumar Srivastava, Advocate on behalf respondent no.2 are taken on record.

2. Heard learned counsel for the applicants, learned counsel for respondent no.2 and learned A.G.A. for respondent State.

3. The present application has been filed by the applicant for quashing of the Case S.T. No. 135 of 2016 arising out of Case Crime No. C-16 of 2004, under section 436 and 506 IPC pending before the Additional Session Judge Corut No.3, Gonda (State vs. Pappu @ Jitnedra Kumar and others), on the basis of compromise.

4. Learned counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise. The original/certified copy of the compromise dated 15.4.2024 is on record as Annexure-4 to the application.

5. Learned counsel appearing for respondent no.2 does not dispute the above fact rather he concedes the same.

6. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.

7. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

8. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the petition is disposed of directing the parties to appear before the learned trial court on 29.5.2024 for verification of the compromise. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of two weeks' thereafter and provide a copy of verification report to the parties.

9. The proceedings impugned (supra) shall be kept in abeyance for the period of three months from today.

10. It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.

11. Office is directed to return original/certified copy of the compromise to learned counsel for the applicants and retain a photocopy thereof, under Rules of the Court.

Advocate List
  • Yogeshwar Sharan Srivastava

  • G.A.

Bench
  • Hon'ble Mr. Justice Karunesh Singh Pawar
Eq Citations
  • 2024/AHC-LKO/36542
  • LQ/AllHC/2024/3828
Head Note