Ramashrey Yadav And 3 Ors. vs State Of U.P. And Another
2014 Latest Caselaw 5147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 34264 of 2014
 

 
Applicant :- Ramashrey Yadav And 3 Ors.
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.V. Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicants and learned A.G.A.

Learned counsel for the applicants submits that the applicants along with the Lallan Yadav had earlier filed a Criminal Misc. Writ Petition No.7631 of 2014 which was dismissed on 29.04.2014 wherein follwoing observation has been made;

"However, it is provided that as staed, if the parties have compromised into the matter outside the premises of the Court, it is open to them to file the compromise deed before the Investigating Officer as well as the Chief Judicial Magistrate, who shall note the compromise and act in accordance with law." 

Learned counsel for the applicants submits that subsequently parties have entered into compromise and compromise deed dated 31.10.2014 has been annexed as Annexure-2 to the affidavit. 

In view of the aforesaid facts and circumstances of the case, prima facie, a case for grant of an interim relief is made out.

Learned A.G.A. has accepted notice on behalf of opposite party no. 1.

Issue notice to opposite party no. 2 returnable at an early date.

Four weeks time is granted to opposite party no. 2 as well as learned A.G.A. to file counter affidavit. Rejoinder affidavit may be filed within three weeks thereafter.

List thereafter.

Until further orders of this Court, further proceedings of Case No. 182 of 2013, under Sections 419, 420, 467, 468 I.P.C., P.S. Kotwali Chandauli, District Chandauli pending in the court of the Chief Judicial Magistrate, Chandauli shall remain stayed as against the applicants.

Order Date :- 27.8.2014

Ajay