Disposed

Chand Babu and Another v. State of U.P. and Another

Allahabad HC13 Mar 2018A482/7964/2018

Case brief

AI extract

What is this about?

This single-paragraph order directed the lower court to verify a filed compromise in a private family dispute. The court restrained coercive action for two months while verification proceeded, guiding the lower court to decide proceedings thereafter.

What did the court decide?

Upon verification of compromise and after hearing, lower court may decide proceedings within two months; no coercive action against applicants pending.

Chand Babu and Another Vs State of U.P. and Another — Allahabad HC (2018) — LawSathi Research

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 7964 of 2018

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Applicant :- Chand Babu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Firoz Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Mohammad Firoz Khan, learned counsel for the applicants and learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No.Nil of 2013 dated 28.12.2013 as well as entire proceeding in Case No.1962 of 2014 (State Vs. Chand Babu and others), arising out of N.C.R. No.113 of 2013, under Sections 323 and 504 IPC, P.S. Utrawn, District Allahabad, pending in the court of Additional Chief Judicial Magistrate-10, Allahabad.

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The submission of learned counsel for applicants is that applicants and opposite party no.2 are brothers and they have filed compromise application before the court concerned and the same is pending for disposal. A copy of the said compromise is annexed along with affidavit as Annexure-5.

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In my opinion since the matter pertains to private dispute and the compromise has already filed before the court below, I deem it fit to direct the concerned court to verify the compromise filed by the applicants and accused and after affording proper opportunity of hearing to the both sides and after due verification of the fact that the parties have compromised the matter then the court will be at liberty to decide the proceedings within two months in view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012.

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For a period of two months, no coercive steps shall be taken against the applicants.

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In view of above, the application stands disposed of.

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A copy of this order be certified to the lower court forthwith.

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Order Date :- 13.3.2018 MN/-

Chand Babu and Another v. State of U.P. and Another

Case brief

What is this about?

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Chand Babu and Another v. State of U.P. and Another

Case brief

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