LAWS(ALL)-2023-11-8

PRAKASH TIWARI Vs. STATE OF U.P.

Decided On November 23, 2023
PRAKASH TIWARI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel for respondent no.2 and the learned A.G.A.

(2.) The applicants have invoked the inherent jurisdiction of this Court under Sec. 482 Cr.P.C. to quash the entire proceeding on the basis of compromise between the parties of Criminal Case No.1804 of 2020 (State vs. Shiv Prakash Tiwari and Others) arising out of Case Crime No.0033 of 2020 under Sec. 323, 504, 506 and 308 I.P.C., Police Station Vindhyachal, District Mirzapur.

(3.) Respondent no. 2 has lodged an F.I.R., being Case Crime No.0033 of 2020, levelling allegations of thrashing and criminal intimidation. After investigation, Sec. 308 has been added. During pendency of the criminal proceeding, both the parties have amicably settled their dispute and approached before this Court by way of invoking inherent jurisdiction of this Court under Sec. 482 Cr.P.C. being Application No.5169 of 2022. Said application was finally disposed of, vide order dtd. 8/3/2022, directing the parties concerned to approach the Mediation Centre of the District Court and they have been granted liberty to approach before this Court again along with the final outcome of the mediation, in case, it is decided in positive. For ready reference order dtd. 8/3/2022 is quoted herein below :-