Court No. - 1
Case :- APPLICATION U/S 482 No. - 24932 of 2018 Applicant :- Damodar And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijaya Shankar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri V. S. Shukla, learned counsel for the applicants and Sri G.P.Singh, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for setting aside the Judgement and order of conviction dated 05.11.2012 passed by Assistant Chief Judicial Magistrate Court No. 5, Bareilly passed in criminal case no. 521 of 2011 (State Versus Mewa Ram and others) arising out of Case Crime No. 674A/1999, under Section 323, 324, 325, 504 I.P.C., Police Station Cantt, District Bareilly Learned counsel for applicants submitted that the applicants have been convicted by the Trial Court for the offence under Section 323 I.P.C. for 6 months and under Section 324/34 for a year and fine of Rs. 750 each and in default of fine they shall undergo 10 days additional imprisonment and the complainant of the present case has also been convicted under Section 323/34 I.P.C. by the Trial Court in S.T. No. 595 of 2011 for 6 months and fine of Rs. 500 and in default of fine 5 days additional imprisonment. He states that against the said conviction, the applicants have preferred an appeal before the lower appellate court. Thereafter the parties for entered into compromise on 6.4.2018 and they want to withdraw all the criminal proceedings initiated by both of them against each other, hence the impugned judgment and order of conviction be quashed by this Court in view of the compromise arrived at between the parties. In support of the his contention he has placed reliance on the judgment of the Uttarakhand High Court passed in the case of Gopal Singh Rawat and another vs. State of Uttarakhand reported in [2016 (95) ACC 396].
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, the applicant is directed to file the copy of the compromise arrived at between the parties on 6.4.2018 before the lower appellate court concerned where the appeal filed by the applicant against his conviction is pending which shall consider the same and disposed of the said appeal in accordance with law with expeditiously.
With the aforesaid observations, the application stands disposed of.
Order Date :- 25.7.2018 Ashok Gupta