Kashi Ram And Others vs State Of U.P.And Another on 8 January, 2010

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Allahabad High Court

Kashi Ram And Others vs State Of U.P.And Another on 8 January, 2010

Bench: Dasu Ram Azad

Court No. - 53

Case :- APPLICATION U/S 482 No. - 25920 of 2007

Petitioner :- Kashi Ram And Others
Respondent :- State Of U.P.And Another
Petitioner Counsel :- S.P. Sharma,S.K. Chaturvedi
Respondent Counsel :- Govt. Advocate,A.K. Srivastava

Hon'ble Dasu Ram Azad,J.

( In Chamber) Criminal Misc. Application No. 25920 of 2007 *** Kashi Ram & others Vs. State of U.P. and others. Hon'ble D.R. Azad, J Heard learned counsel for the applicants, learned counsel for the Opp. Party No. 2 and learned A.G.A. for the State and also perused the material placed on record.

This Criminal Misc. application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of special Case No. 14 of 2007 ( Crime No. 389A of 2005) under Sections 395,147,148,149,307,427 I.P.C. and Section 3(1) (x) S.C./S.T. Act P.S. Badagaon District Jhansi, pending in the court of Special Judge, D.A.A. Jhansi. Vide order dated 25.10.2007, after hearing counsel for the applicants and the learned A.G.A., this Court was pleased to stay the operation of the order dated 11.9.2007 Learned counsel for the applicants has filed compromise application dated 18.3.2009duly signed by counsel for both the parties, supported with affidavit of both the parties. in which it has been mentioned that the parties have entered into compromise and there is no dispute and differences between the parties and all disputes and differences have been amicably settled between the parties.

Learned counsel for the applicant placed reliance on the observations made by the Apex Court in the case of B.S. Joshi Vs. State of Haryana and another, reported in 2003 (46) A.C.C. 779 S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon'ble Apex Court quashed the proceedings of criminal case on the basis of the compromise filed between the parties mainly on the ground that no lawful purpose would be served by continuance of the proceedings between the parties. In view of the above decisions of the Hon'ble Apex Court, proceedings of special Case No. 14 of 2007 under Sections 395,147,148,149,307,427 I.P.C. and Section 3(1) (x) S.C./S.T. Act P.S. Badagaon District Jhansi, pending in the court of Special Judge, D.A.A. Jhansi. is hereby quashed. With regard to case No. 85 of 2007 ( Crime NO. 389 of 2005) under Sections 147,148,149,304,323 and 504 I.P.C. and Section 7 of the Criminal Law Amendment Act (State Vs. Pramod and others), pending in the court of Sessions Judge, Jhansi it is directed that the learned counsel for the parties can move compromise deed before the court concerned for disposal of the case.

Learned counsel for the applicant is directed to produce certified copy of this order before the Special Judge, D.A.A Act, Jhansi for information and its compliance within a period of 15 days from the date a certified copy of this order is issued to him.

With the aforesaid direction, this application is disposed of finally. Dt: 8.1.2010 n.u.

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