Dayaram And Ors. vs The State Of U.P And Anr.
2012 Latest Caselaw 1750 ALL

Citation : 2012 Latest Caselaw 1750 ALL
Judgement Date : 15 May, 2012

Allahabad High Court

Dayaram And Ors. vs The State Of U.P And Anr. on 15 May, 2012

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1513 of 2012
 

 
Petitioner :- Dayaram And Ors.
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Sushil Mishra
 
Respondent Counsel :- Govt. Advocate,Vishnu Kant Dwivedi
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioners contends that unfortunately an incident took place wherefor a non-cognizable report was lodged bearing No.112 of 2004 under Sections 323/504 I.P.C. at P.S. Kakori, District Lucknow. A cross-case was also registered as N.C.R. No.115 of 2004 under Sections 352/504 I.P.C., P.S. Kakori, District Lucknow, against the complainant side. While the petitioners have challenged the N.C.R. No.112 of 2004, as noted above, the complainant has challenged N.C.R. No.115/04 by virtue of Criminal Misc. Case No.1514 of 2012 (u/s 482 Cr.P.C.). Learned counsel contends that the accused and complainant in the above said two cases have entered into a compromise and the compromise has been reduced in writing, as would be evident from Annexure-2. In view of the nature of incident, the compromise be given effect and both the cross proceedings be quashed.

Let the parties in the two cases appear before the Additional Chief Judicial Magistrate-VI, Lucknow, where the proceedings are pending, on 29.5.2012.

A.C.J.M.-VI, Lucknow, is directed to record the statements of parties so as to see whether the compromise, Annexure-2, is genuine or not and forward a report to this court before the next date of listing.

List on 10.7.2011.

In the meantime, the proceedings in N.C.R. No.112 of 2004 under Sections 323/504 I.P.C. at P.S. Kakori, District Lucknow and N.C.R. No.115 of 2004 under Sections 352/504 I.P.C., P.S. Kakori, District Lucknow, shall remain stayed till the next date of listing.

Let a copy of this order be placed on the file of Criminal Misc. Case No.1514 of 2012(u/s 482 Cr.P.C.)

Order Date :- 15.5.2012

A.Nigam