Disposed

Amit Gupta and Ors. v. the State of U.P and Anr.

Allahabad HC21 Jul 2023/1646/2015

Case brief

AI extract

What is this about?

In an application for quashing criminal proceedings and a summoning order, the Court refused to verify the alleged compromise filed by the applicant. The Court disposed of the application by directing the trial court to verify any such compromise in the presence of parties before allowing quashing, and stayed coercive action for one month.

What did the court decide?

Direction to the lower court to verify compromise in presence of parties; stay on coercive actions for one month.

Amit Gupta and Ors. Vs the State of U.P and Anr. — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48212

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 1646 of 2015

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Applicant :- Amit Gupta And Ors. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Kapil Gupta,Kapil Misra,Pankaj Gupta Counsel for Opposite Party :- Govt. Advocate,Balram Singh,Dharmendra Kumar Gupta,Vineet Kumar Mishra

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned counsel for the private opposite party, learned A.G.A. for the State and perused the record.

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The instant application has been filed for quashing the entire proceedings of Complaint Case No.71 of 2015, under Sections 323, 324, 395 and 506 I.P.C., Police Station Madhauganj, District Hardoi as well as summoning order dated 24.03.2015 passed by Judicial Magistrate, Court No.1, Hardoi.

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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.A-1 to the supplementary affidavit.

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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

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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 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 to the learned counsel for the applicant, after taking the photocopy of the same.

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Order Date :- 21.7.2023 Amit/-

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

Amit Gupta and Ors. v. the State of U.P and Anr.

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Amit Gupta and Ors. v. the State of U.P and Anr.

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