Vivek Choubey vs Geeta Mineral
2023 Latest Caselaw 4080 MP

                                                                        1
                                       IN     THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                      HON'BLE SMT. JUSTICE ANJULI PALO
                                                           ON THE 15 th OF MARCH, 2023
                                                     MISC. CRIMINAL CASE No. 12198 of 2016

                                      BETWEEN:-
                                      VIVEK CHOUBEY S/O SHRI LEKHRAM CHOUBEY, AGED
                                      ABOUT    33  YEARS, HOUSEIN BOARD COLONY
                                      SHANKARACHARYA WARD POLICE STATION TEH-
                                      (MADHYA PRADESH)

                                                                                                      .....APPLICANT
                                      (BY SHRI RAHUL SHARMA - ADVOCATE)

                                      AND
                                      GEETA MINERAL THROUGH ITS PROPRIETOR
                                      KUNWAR VIRENDRA SINGH S/O LATE HARPRASAD
                                      PATEL NEHRU WARD NARSINGHPUR (MADHYA
                                      PRADESH)

                                                                                                  .....RESPONDENTS
                                      (BY SHRI VINAY SHARMA - ADVOCATE)

                                            This application coming on for admission this day, the court passed the
                                      following:
                                                                         ORDER

In this petition preferred under Section 482 of the Cr.P.C the petitioner has challenged the order dated 01.07.2016 passed by learned Sessions Judge, Narsinghpur in criminal revision arising out of order dated 27.05.2016 passed in complaint case no.242/16.

This matter has been listed for orders on PUD filed by the office on the

Signature Not Verified basis of communication dated 16.02.2023 received from Principal District and SAN

Digitally signed by ANUPRIYA SHARMA Sessions Judge, Narsinghpur.

CHOUBEY Date: 2023.03.17 10:06:16 IST

During course of arguments, it is contended by learned counsel for the

parties that they have already filed an application for compromise before the trial Court.

Having heard learned counsel for the parties and in the facts of the case as well as in view of the PUD, this petition is disposed of with a direction to the trial Court to consider the application for compromise filed by the parties in accordance with law. If the said application has not yet been filed, the parties shall be at liberty to file aforesaid application, if so advised, it is made clear that this Court has not granted any stay in respect of the proceeding by the trial Court, however, vide order dated 15.07.2016 it was directed that the trial Court shall not pronounce the final judgment in the present complaint case. At this

stage, in view of aforesaid direction given by this Court today, the trial Court would be at liberty to deal with the application for compromise filed by the parties in accordance with law and shall also be at liberty to pronounce the judgment in accordance with law.

Needless to state that the parties would be at liberty to challenge the judgment which may be pronounced by the trial Court in the complaint case in accordance with law.

With the aforesaid observation, the petition is disposed of.

(SMT. ANJULI PALO) JUDGE anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.17 10:06:16 IST