Disposed

Amit Kumar and Others v. State of U.P. and Another

Allahabad HC15 Feb 2022/51/2021

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What is this about?

This court disposed of an application under Section 482 CrPC based on an amicably entered compromise. The proceedings were kept in abeyance pending verification of the compromise by the trial court, upon which the petitioner may file a fresh petition for quashing.

What did the court decide?

Petition disposed; criminal proceedings kept in abeyance pending verification of compromise by trial court.

Amit Kumar and Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 51 of 2021

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Applicant :- Amit Kumar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Ravi Prakash Counsel for Opposite Party :- G.A.,Anand Kumar Arya,Bajhul Quamar Siddiqui

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for respondent no.2 as well as perused the record.

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Learned counsel for the petitioners as well as respondent no.2 jointly submit that the parties have amicably entered into the compromise. The original compromise is on record.

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Learned counsel for the petitioners submit that in view of the judgment of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the proceedings pending before learned trial court are liable to be quashed after verification of the compromise.

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In view of the above and considering the peculiar facts and circumstances of this case, the petition is disposed of directing the parties to appear before the trial court on 9.3.2022. The trial court shall verify the contents of the compromise in the presence of the parties' within a period of one week and provide a verification report to learned counsel for the parties.

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Till the verification of the compromise, the proceedings of Case No.17160 of 2020 in Case Crime No.535 of 2018 under Section 498-A/506 I.P.C. and Section 3/4 D.P.Act, Police Station Krishna Nagar, District Lucknow pending before learned Special Chief Judicial Magistrate Custom, Lucknow, shall be kept in abeyance.

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The petitioners are at liberty to assail for quashing of the proceedings of the aforesaid case by filing a fresh petition along with verification report given by trial court as well as copy of the compromise.

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Office is directed to return original compromise to learned counsel for the petitioners as per Rules of the court and retain photocopy of the same on record.

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Order Date :- 15.2.2022

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Madhu

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Digitally signed by MADHU KUMARI Date: 2022.02.15 17:02:04 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Amit Kumar and Others v. State of U.P. and Another

Case brief

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Amit Kumar and Others v. State of U.P. and Another

Case brief

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