Disposed

Arvind Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC22 Dec 2023/12705/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of proceedings based on a compromise, the High Court disposed of the matter by directing the trial court to verify the compromise's validity through party presence before allowing any settlement.

What did the court decide?

Application disposed; direction to trial court to verify compromise via notices; one month stay on coercive action.

Arvind Kumar and Another Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:85805

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 12705 of 2023

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Applicant :- Arvind Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rudra Mani Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Sri Rajdeep Singh, Advocate filed Vakalatnama on behalf of opposite party no.2 is taken on record.

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

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The instant application has been filed for quashing the cognizance order dated 10.04.1992 as well as the summoning order dated 01.10.1994 passed by learned A.C.J.M.-II, Sultanpur in criminal case no. 2382 of 2022 (earlier case no. 2017/1994) "State Vs. Dwarika prasad & Others" bearing case crime no. 159/1991 u/s 147, 447, 427, 506 I.P.C., Police Station- Munshiganj, District- Sultanpur (now Amethi) and the charge sheet no. 192 along with the entire criminal proceeding of criminal case no. 2382 of 2022.

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Learned counsel for the applicants submits 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.4 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned 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 trial 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 concerned 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 one month, no coercive action shall be taken against the applicants in the aforesaid case.

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

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Order Date :- 22.12.2023 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Arvind Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Arvind Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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What did the court decide?

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