Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 41447 (ALL)

SUMIT TRIPATHI AND 2 OTHERS v. STATE OF UP AND ANOTHER

A482/33304/2019 · 2025-02-23

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:26817 Court No. - 77 Case :- APPLICATION U/S 482 No. - 33304 of 2019 Applicant :- Sumit Tripathi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Debee Shanker Pandey Counsel for Opposite Party :- G.A.,Sudhakar Shukla Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Debee Shanker Pandey, learned counsel for the applicants, Sri Sudhakar Shukla, learned counsel for opposite party No.2 and Ms. Harshita Rani, learned A.G.A. for the State. 2. From perusal of the order sheet, it appears that the matter was referred to the mediation by order dated 13.9.2019. As per the mediation report dated 25.11.2020, mediation between the parties has failed despite their appearance before the mediation centre. Therefore, this Court proceeds to hear this case on merit. 3. Learned counsel for the applicants and learned counsel for opposite party No.2 jointly submitted that now the parties have settled their dispute and a written compromise dated 9.1.2025 has also entered into between the parties. It is further submitted that a copy of the compromise has been filed before the Special C.J.M., Kanpur Nagar, therefore, on the basis of the aforesaid compromise the impugned proceeding may be quashed. 4. Per contra, learned A.G.A. has raised a preliminary objection that the said compromise is yet to be verified, therefore, the impugned proceeding cannot be quashed on the basis of an unverified compromise. 5. Considering the aforesaid submission, the application is disposed of with a direction to the court below to verify the said compromise after summoning the parties within a period of two months from today. After verification of the compromise the court below may terminate the impugned proceeding on the basis of the verified compromise. 6. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case. 7. Parties are at liberty to file fresh application u/s 528 B.N.S.S. to quash impugned proceeding on the basis of verified compromise, if the need arises. Order Date :- 24.2.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad