Disposed¶9

Narendra @ Ravindra and 7 Others v. State of U.P. and Another

Allahabad HC27 Aug 2020A482/10718/2020

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application disposed of on basis of compromise between parties; Case Crime No.0819 of 2016, Sections 147/452/323 IPC, P.S. Kairana, District Shamli; trial court to verify compromise within four weeks; liberty to file fresh 482 application; no coercive measures for five weeks; applicant Narendra @ Ravindra; single Judge Mahesh Chandra Tripathi; order dated 27.8.2020.

What did the court decide?

Application disposed of with directions that the parties appear before the trial court for verification of the compromise within four weeks, liberty to file a fresh Section 482 application at that stage, and interim protection that no coercive measures be taken against the applicants for five weeks. ¶9

Narendra @ Ravindra and 7 Others Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Case No.1154/9 of 2017 (State Vs. Narendra and others), arising out of Case Crime No.0819 of 2016 under Sections 147, 452 and 323 IPC, should be quashed. +1 more

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Court's answer

Liberty left to the applicants to file a fresh application under Section 482 Cr.P.C. at that stage for the relief sought herein.

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Ratio / Principle

Parties directed to appear before the court below along with a certified copy of the order; the trial court was expected to fix a date for verification of the compromise entered into between the parties and pass an appropriate order within four weeks.

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Key takeaways

Interim protection: for a period of five weeks, no coercive measure shall be taken against the applicants.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Mahesh Chandra Tripathi, J.) disposed of an application under Section 482 Cr.P.C. seeking quashing of the entire proceedings of Case No.1154/9 of 2017 (State Vs. Narendra and others), arising out of Case Crime No.0819 of 2016 under Sections 147, 452 and 323 IPC, Police Station Kairana, District Shamli, pending before the Chief Judicial Magistrate, Shamli. Counsel for the applicants stated that after issuance of the charge sheet the parties had reconciled their differences and entered a compromise produced in writing before the court below; counsel for opposite party no. 2 did not dispute the submission. The Court directed the parties to appear before the court below with a certified copy of the order and expected the trial court to fix a date for verification of the compromise and pass an appropriate order within four weeks, leaving the applicants free to file a fresh Section 482 application at that stage. As interim protection, no coercive measures were to be taken against the applicants for five weeks.

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Court No. - 6

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Case :- APPLICATION U/S 482 No. - 10718 of 2020 Applicant :- Narendra @ Ravindra And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Dhuriya Counsel for Opposite Party :- G.A.,Chandra Bhushan Prasad

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.1154/9 of 2017 (State Vs. Narendra and others), arising out of Case Crime No.0819 of 2016, under Sections 147, 452 and 323 IPC, Police Station Kairana, District Shamli, pending in the court of Chief Judicial Magistrate, Shamli.

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Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise have entered between them which has been produced in writing before the Court below.

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Shri Chandra Bhusan, learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the submissions so advanced by learned counsel for the applicant.

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Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is, therefore, expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

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In view of the above, the present application is disposed of.

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For a period of five weeks, no coercive measure shall be taken against the applicants.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the

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said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 27.8.2020 RKP

Narendra @ Ravindra and 7 Others v. State of U.P. and Another

Case brief

What is this about?

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Narendra @ Ravindra and 7 Others v. State of U.P. and Another

Case brief

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What the court decided

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