ISHWARCHAND @ PINTU JAISWAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3892/2025 · 2025-02-07
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9952 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9952 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18261 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3892 of 2025 Applicant :- Ishwarchand @ Pintu Jaiswal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Yadav,Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Mr. Kamlesh Pratap Singh, learned Counsel for the applicants, Mr Vikas Sharma, learned State Law Officer and perused the material brought on the record
2. In view of the order which is being proposed to be passed, notices need not to be issued to the Opposite Party No.2. However, the interest of the Opposite Party No.2 is being safeguarded.
3. Learned Counsel for the applicants submits that pursuant to the lodging of the impugned First Information Report dated 11.1.2024 which was registered as Case Crime No.0019 of 2024, under Sections 419, 420, 467, 468, 471 of the IPC, Police Station- Chauri Chaura, District- Gorakhpur, the parties have knocked the door of this Court by way of filing a Criminal Misc. Writ Petition No. 8650 of 2024 (Ishwarchand @ Pintu Jaiswal and 5 others Vs. State of U.P. and 2 Others), wherein, a Division Bench of this Court while entering the matter on 30.8.2024 has proceeded to refer the matter before the Mediation Centre of this Court and the Division Bench was also pleased to accord interim relief to the petitioners therein till the disposal of the mediation proceedings and thereafter as per page No. 80 of the paper book, there happens to be a Mediation Report dated 20.9.2024, whereby, the mediation being successful and even the parties were directed to withdraw criminal cases.
Learned counsel for the applicants submits that however, now the charge-sheet has been submitted on 13.8.2024 and summoning
order has also been issued on 3.10.2024 and thus, the applicants have preferred the present application. Learned counsel for the applicants, in this backdrop, submits that applicants shall be filing the compromise application before the Court below and the applicants are also entitled for interim relief till the compromise is verified by the Court below.
4. Learner A.G.A. no objection to the same.
5. Considering the submissions so raised therein, the instant application stands disposed of granting liberty to the applicants to prefer the compromise application alongwith self-attested copy of present application and certified copy of this order passed today before the Court of the learned Chief Judicial Magistrate, Gorakhpur in the said proceedings by 25th February, 2025 and the verification of the aforesaid compromise be done by the 28.3.2025.
6. For an interim measure, it is provided that till the process of the verification of the compromise is done, no coercive action shall be taken against the applicants in pursuance of the impugned First Information Report dated 11.1.2024 which was registered as Case Crime No.0019 of 2024, under Sections 419, 420, 467, 468, 471 of the IPC, Police Station- Chauri Chaura, District- Gorakhpur
7. Interim protection so accorded to the applicants shall be available only in those contingencies, wherein, the applicants apply with the timeline as provided herein in the order passed today and in default of the same, the interim protection shall be vacated without any reference to the Bench.
8. Post outcome and the fate of the mediation, it shall be open for the parties to take legal recourse.
Order Date :- 7.2.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad