Allowed

Ashish Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Allahabad HC4 Mar 2022/743/2022

Case brief

AI extract

What is this about?

Applicant sought to quash criminal proceedings under Section 482 CrPC. Court found parties had amicably resolved the dispute via compromise. Petition allowed; proceedings stayed pending verification before trial court.

What did the court decide?

Proceedings quashable; parties to verify compromise before trial court; proceedings in abeyance for one month.

Ashish Kumar and Another Vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 743 of 2022 Applicant :- Ashish Kumar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home. Lko And Another

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Counsel for Applicant :- Dharm Raj Mishra Counsel for Opposite Party :- G.A.,Harsh Vardhan Singh

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants and Harshvardhan Singh, learned counsel for respondent No.2 who filed supplementary affidavit which is taken on record, as also learned A.G.A., and perused the record.

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The instant petition has been filed by the applicants with a prayer to quash the proceedings of Case Crime No. 982 of 2016, P.S. Gilaula, district Shravasti, pending before ACJM-IV/Addl. Civil Jude, Bahraich as regards the petitioners.

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Learned counsel for the petitioners submits that the dispute between the parties has been amicably resolved outside the court by way of compromise which is filed with the supplementary affidavit. Learned counsel for respondent No.2 concedes that the dispute has been amicably settled between the parties.

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Learned A.G.A has no objection in case the impugned proceedings are quashed on the basis of compromise, subject to its verification by the concerned court.

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Accordingly, having due regard to the submissions made by the parties' counsel, perusal of the compromise as also considering the law laid down by Supreme Court in (2012)10 SCC 303 Gian Singh versus State of Punjab and another, the petition is disposed of with direction to the parties to appear before the trial court on 21.3.2022, which shall verify the compromise in presence of the parties within the next one week. The trial court shall provide a copy of the verification report to the parties. A copy of compromise be placed on record of the trial court. It will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of one month, impugned proceedings shall remain in abeyance.

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Order Date :- 4.3.2022/kkb/

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.03.05 09:52:48 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Case brief

What is this about?

What did the court decide?

Ashish Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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