Court No. - 55
Case :- CRIMINAL MISC. WRIT PETITION No. - 20013 of 2013 Petitioner :- Mujahid & 5 Others Respondent :- State Of U.P. & Another Counsel for Petitioner :- Bhaskar Bhadra Counsel for Respondent :- Govt. Advocate,Anil Singh Jadon,Darwari Lal
Hon'ble Vivek Kumar Singh,J.
Heard Sri Bhaskar Bhadra, learned counsel for the petitioners, Sri D.S.Yadaav holding brief of Sri Anil Singh Jadon, learned counsel appearing for the contesting opposite party no.2 and Sri Abhina Prasad, learned AGA for the State.
This writ petition was instituted for staying the operation and effect of the impugned order dated 26.8.2013 passed by the learned Sessions Judge, Court No.4,Bareilly in Criminal Revision No.331 of 2012 and summoning order dated 12.9.2012, passed by learned A.C.J.M., Court No.7, Bareilly in Complainant Case no.3972 of 2011 (now 844 of 2012) under various sections. of I.P.C.
A short counter affidavit has been filed by Sri A.S.Jadon on 23.11.2017 in which in paragraph no.3 it is stated that in between the accused-petitioners and complainant- respondent no.2 a compromise has been arrived at and the issue has been settled now. The compromise has been filed before the court below on 15.5.2017, which is on record of the court below. The accused nos. 1 to 6 are real brothers of respondent no.2-Anees.
In view of the above, the matter is remanded back to the court below for passing afresh order in accordance with law keeping in view the compromise dated 15.5.2017 arrived at between the parties within a period of one month from the date of production of copy of the order before it, which has been passed today.
The impugned order dated passed by the learned Sessions Judge, Court No.4,Bareilly in Criminal Revision No.331 of 2012 and summoning order dated 12.9.2012, passed by learned A.C.J.M., Court No.7, Bareilly in Complainant Case no.3972 of 2011 (now 844 of 2012) under various sections. of I.P.C. are set aside.
Accordingly, the petition stands disposed off.
It is made clear that meanwhile till the decision is taken by the court below, no coercive action shall be taken against the petitioners.
Order Date :- 17.9.2018/IA