Court No. - 55
Case :- CRIMINAL MISC. WRIT PETITION No. - 6282 of 2012 Petitioner :- Kedar Roy Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Akhilesh Srivastava,Saksham Srivastava Counsel for Respondent :- Govt. Advocate,Ram Sanehi Yadav
Hon'ble Vivek Kumar Singh,J.
Heard Sri Akhilesh Srivastava,learned counsel for the petitioner, Sri R.S.Yadav, learned counsel for the opposite party no.2 and Sri O.P.Mishra, learned AGA appearing for the State and also perused the record.
The instant writ petition has been preferred by the petitioner with the prayer to allow and accept the compromise arrived at between the parties in the light of the order dated 30.11.2010 passed by the C.J.M.,Aligarh in complaint case no.5559 of 2010, M/S Cycle (India) Vs. Kedar Roy, Prop. M/S Swastik Agencies, including the entire criminal proceedings under sections 420, 406 IPC, P.S.Banna Devi, District Aligarh and order dated 4.5.2012 passed by A.D.J. Court No.16,Aligarh in Criminal Revision No.108 of 2012, Kedar Roy Vs. State of U.P. and another.
I have perused the compromise application dated 7.2.2017 with regard to compromise arrived at between the parties and also perused the order dated 31.1.2017 passed by High Court of Jharkhand at Ranchi in Crl.M.P. No.2309 of 2016, which has been annexed as annexure-2 to the compromise application filed before this Court under Chapter XII Rule-1 of the High Court Rules in the present writ petition.
Since there exists no dispute between the contesting parties the order dated 30.11.2010 passed by the C.J.M.,Aligarh in complaint case no.5559 of 2010 including the entire criminal proceedings under sections 420, 406 IPC, P.S.Banna Devi, District Aligarh and order dated 4.5.2012 passed by A.D.J. Court No.16,Aligarh in Criminal Revision No.108 of 2012 are hereby set aside and the petiton is allowed.
The matter is remanded back to the learned Chief Judicial Magistrate, Aligarh for passing afresh order in accordance with law after considering the compromise dated 30.8.2016 arrived at between the parties.
With these observations, the petition stands disposed off.
This exercise be undertaken by the court concerned within a period of four months from the date of production of certified copy of the order before it.
Order Date :- 25.7.2018 IA