Disposed

Rahul and 4 Others v. State of U.P. and Another

Allahabad HC3 Dec 2020A482/45098/2018

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC seeking quashing of a chargesheet in a domestic violence case. The parties had reached an out-of-court settlement. The Court directed the applicants to file a formal compromise petition in the trial court by 17.12.2020. Pending verification of the compromise by the trial court, no coercive action was to be taken against the applicant

What did the court decide?

Applicants directed to file compromise application in trial court by 17.12.2020; no coercive action pending verification.

Rahul and 4 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2020)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 45098 of 2018

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Applicant :- Rahul And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit filed today on behalf of the applicants, is taken on record.

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Supplementary counter affidavit filed by opposite party no.2 is also taken on record.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State, learned counsel for the opposite party no.2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet No.01 of 2018 dated 05.05.2018 arising out of Case Crime No.95 of 2018 (State vs. Rahul and others) and proceeding of Criminal Case No.25857 of 2018, under sections 498-A, 323, 506, 326-B, I.P.C., Police Station Mundali, District Meerut pending in the court of Additional Chief Judicial Magistrate, Court No.5, Meerut.

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The present FIR has been lodged by the opposite party no.2 Smt.Aparna w/o Sri Rahul, on whose information proceeding has been initiated against the applicants. Now Smt.Aparna w/o Sri Rahul does not want to pursue the prosecution and would have no objection in case this Court in its discretion and in order to secure ends of justice finds it fit to quash the impugned chargesheet.

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Learned counsel for the applicants by way of supplementary affidavit has filed compromise deed as parties have made compromise out of court settlement. The applicant no.1 and opposite party no.2 are now ready to get the present matter be decided on the basis of their Compromise dated 24.08.2020. There is nothing remains as any dispute between applicant no.1 Rahul and opposite party no.2 Smt.Aparna after compromise dated 24.08.2020.

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It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned court below.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.

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Learned counsel for the applicants is directed to file compromise application before the trial court on 17.12.2020 where the proceeding is going on.

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Accordingly, this application is disposed of with a direction to the court concerned that in case such compromise application is filed by the applicants before it within aforesaid period, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.

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Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

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Order Date :- 3.12.2020 SKD

Rahul and 4 Others v. State of U.P. and Another

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Rahul and 4 Others v. State of U.P. and Another

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