Alok Kumar Mishra vs State Of U.P. And Another
2017 Latest Caselaw 3969 ALL

Citation : 2017 Latest Caselaw 3969 ALL
Judgement Date : 4 September, 2017

Allahabad High Court

Alok Kumar Mishra vs State Of U.P. And Another on 4 September, 2017

Bench: Abhai Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- APPLICATION U/S 482 No. - 28257 of 2017
 

 
Applicant :- Alok Kumar Mishra
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Swati Agrawal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Vakalatnama on behalf of opposite party no.2 has been filed today by Sri Vijay Bahadur Shivhare, Advocate, which is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire criminal proceedings of Case No.1352 of 2013 (State vs. Alok Kumar Mishra), under Sections 419, 420, 493 and 506 I.P.C. arising out of Case Crime No.452 of 2012, Police Station Naini, District Allahabad.

It is submitted by the learned counsel for the applicant that parties have reached to a compromise and the matter has been amicably settled between the parties. It is further submitted that compromise has already been filed before the lower court. Copy of compromise has been annexed alongwith the petition.

The facts reveal that dispute arose during the settlement of dispute between the parties and due to dispute, FIR was lodged.

Seeing the nature of offence and gravity of the matter, if parties have agreed to a compromise, the same be honoured.

Accordingly, the lower court is directed to verify the compromise filed before it and after verification and acceptance of the compromise, a certified copy of the same will be allowed to be taken by the parties for filing that before this Court. Compliance will be done by the trial court within a month from the date a certified copy of the order is produced before it.

Till then no coercive action shall be taken against the applicant.

The matter may be listed again on 24th October, 2017 alongwith compliance report.

The matter will not be treated as tied-up or part-heard to this Bench. It will be listed before the appropriate Bench.

Order Date :- 4.9.2017

Ajeet