Krishna Kant Shukla @ K.K Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Allahabad HC21 Dec 2023/12565/2023

Case brief

AI extract

What is this about?

Application seeking quashment of criminal proceedings on grounds of compromise. Court deferred decision, directing trial court to verify compromise and calling parties. Two-week hold on coercive action granted.

What did the court decide?

Two-week stay on coercive action; direction to trial court to verify compromise with party presence before recording report.

Krishna Kant Shukla @ K.K Shukla and Another Vs… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:84975

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 12565 of 2023

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Applicant :- Krishna Kant Shukla @ K.K Shukla And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another

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Counsel for Applicant :- Arshad Jameel,Mohammad Naseem Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Shubham Chaurasia, Advocate on behalf of respondent no. 2 is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

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The present application has been filed with the prayer to quash the charge sheet dated 23.12.2023 as well as entire proceedings of Criminal Case No. 114239 of 2022 arising out of F.I.R. No. 552 of 2022, under Sections 323, 504, 506, 332, 353 I.P.C., P.S. Gazipur, District Lucknow.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 18.12.2023 (Original copy of the same is appended as Annexure No. 3 to the application).

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

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Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a

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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 applicants to approach this Court again for quashing of the proceedings.

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For a period of two weeks, no coercive action shall be taken against the present applicants.

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Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after taking photocopy of the same.

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Order Date :- 21.12.2023 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Krishna Kant Shukla @ K.K Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Krishna Kant Shukla @ K.K Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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