Partly allowed

Vaseem and 3 Others v. State of U.P. and Another

Allahabad HC14 Sept 2022A482/25668/2022

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of proceedings based on a compromise. The court directed the trial court to verify the compromise before proceeding, stayed the proceedings pending verification, and ordered return of the original compromise deed.

What did the court decide?

Stayed proceedings pending verification of compromise by the trial court; directed trial court to issue notices to signatories.

Vaseem and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 25668 of 2022

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Applicant :- Vaseem And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicants, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Case No.10193 of 2020, arising out of Case Crime No.83 of 2020, under sections 323, 504, 506, 452 IPC, police station Amroha Nagar, district J.P. Nagar (Amroha) pending in the court of CJM, Amroha.

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Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.3 to the present application.

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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 compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, 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.

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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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For a period of one month, the proceedings of Case No.10193 of 2020, arising out of Case Crime No.83 of 2020, under sections 323, 504, 506, 452 IPC, police station Amroha Nagar, district J.P. Nagar (Amroha) pending in the court of CJM, Amroha shall remain stayed against the applicant in the

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aforesaid case.

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Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same.

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Order Date :- 14.9.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.09.14 17:14:31 IST Reason: Location: High Court of Judicature at Allahabad

Vaseem and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vaseem and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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