Uttarakhand High Court
Session Judge Viith Dehradun In ... vs State Of Uttarakhand on 22 October, 2019
Author: R.C. Khulbe
Bench: R.C. Khulbe
C-482 No.324 of 2017 Hon'ble R.C. Khulbe, J.
Mr. Karan Anand, learned Advocate for the applicant.
Mr. Pankaj Joshi, learned Brief Holder for the State. Mr. V.P., Bahuguna, learned counsel for private respondent.
Heard.
This criminal miscellaneous application under Section 482 of Cr.P.C. has been filed by the applicant for quashing the order dated 14.02.2017 passed by Additional Session Judge VIIth Dehradun in Criminal Revision No. 96 of 2015, Ajay Mehra vs. State of Uttarakhand.
It is argued by learned counsel for the parties that the compromise has taken place between the parties. As per the compromise the present applicant will pay Rs.30 lakhs to respondent no.2.
It is also argued by learned counsel for the parties that Rs.10 lakhs has already been deposited in the trial court and remaining amount Rs.20 lakhs will pay to respondent no.2 within a period of six months from today i.e. on or before 10th April, 2020.
Since the compromise has taken place between the parties, hence, the present criminal misc. application filed under Section 482 Cr.P.C. is finally disposed of with the directions that the applicant has a right to file an appeal before the Sessions Judge, Dehradun against the judgment and order dated 11.02.2015, if any appeal is preferred within a period of one month from today before the concerned Sessions Judge, the concerned Sessions Judge will admit the appeal, accordingly, without filing any delay condonation application.
As per the compromise the applicant will pay remaining amount Rs.20 lakhs on or before 10th April, 2020.
In the meantime, the lower court shall not issue any process against the applicant. The respondent no.2 has a right to move an application for withdrawal the amount of Rs.10 lakhs before the competent court.
All pending applications also stand disposed of.
(R.C. Khulbe, J.) 22.10.2019 Balwant