Disposed

Ashish Kumar Yadav (in Fir- Ashish Yadav) v. State of U.P. Thru. Prin. Secy. Depart. of Home and Another

Allahabad HC16 Feb 2022/595/2022

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the court kept criminal proceedings in abeyance until the learned trial court verifies a compromise agreement filed between the parties, directing parties to appear for verification.

What did the court decide?

Proceedings kept in abeyance pending verification of compromise by the trial court.

Ashish Kumar Yadav (in Fir- Ashish Yadav) Vs… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 595 of 2022

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Applicant :- Ashish Kumar Yadav (In Fir- Ashish Yadav) Opposite Party :- State Of U.P. Thru. Prin. Secy. Depart. Of Home And Another

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Counsel for Applicant :- Raj Nath Singh,Arbab Hussain Zaidi,Prateek Tewari

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Shri Yogendra Nath Yadav, Advocate has filed Vakalatnama on behalf of respondent no.2 which is taken on record.

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Heard learned counsel for the parties.

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The present petition has been filed for quashing of the impugned charge-sheet dated 22.10.2021 arising out of F.I.R. No.14 of 2021 dated 15.2.2021 and summoning order dated 11.11.2021 passed by learned Civil Judge (Junior Division) (FTC) Lucknow along with entire proceedings of Case No.81628 of 2021.

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Learned counsel for the petitioner submits that dispute between the parties have been amicably settled outside the court by way of compromise. The compromise is on record as Annexure-9 to the petition.

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Learned counsel appearing for respondent no.2 could not dispute the above fact rather he concedes the same.

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It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.

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Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

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On due consideration of the arguments advanced by the parties'

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counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the petition is disposed of directing the parties to appear before the learned trial court for verification of the compromise on 10.3.2022. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a verification report to the petitioner's counsel.

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The proceedings impugned (supra) shall be kept in abeyance till the verification of the compromise.

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The petitioner is at liberty to assail for quashing of the proceedings of the aforesaid case by filing a fresh petition along with verification report given by the court below and also the compromise entered between the parties.

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Order Date :- 16.2.2022 Madhu

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Digitally signed by MADHU KUMARI Date: 2022.02.18 17:42:42 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Yadav (in Fir- Ashish Yadav) v. State of U.P. Thru. Prin. Secy. Depart. of Home and Another

Case brief

What is this about?

What did the court decide?

Ashish Kumar Yadav (in Fir- Ashish Yadav) v. State of U.P. Thru. Prin. Secy. Depart. of Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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