Disposed

Ashish Kumar and 6 Ors. v. State of U.P. and Anr.

Allahabad HC7 Dec 2023/4695/2021

Case brief

AI extract

What is this about?

The High Court disposed of an application to quash criminal proceedings, directing the lower court to verify the alleged compromise with the parties present. No coercive action was directed during the two-week interim period allowed for verification.

What did the court decide?

Application disposed with directions to lower court to verify compromise and interim stay on coercive action for two weeks.

Ashish Kumar and 6 Ors. Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:80884

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 4695 of 2021

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Applicant :- Ashish Kumar And 6 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Manoj Sahu,Sonal Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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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 Nos. 1 and 2 as well as entire proceedings of Case No. 23762 of 2019 arising out of Case Crime No. 886 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Chinhat, 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 09.09.2021 (Photocopy of the same is appended 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 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 report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in

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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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Order Date :- 7.12.2023 VKS

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

Ashish Kumar and 6 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Ashish Kumar and 6 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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