Disposed

Nisha and Others v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Allahabad HC21 Jul 2023/5360/2021

Case brief

AI extract

What is this about?

The Court disposed of an application for quashing prosecution on the premise that alleged compromise requires personal verification by the Court below. The applicant receives a stay on coercive action for one month to enable verification proceedings in the lower court.

What did the court decide?

Application disposed of with a direction to the lower court to verify the compromise in the presence of parties and restrain coercive action for one month.

Nisha and Others Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48186

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 5360 of 2021

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Applicant :- Nisha And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Kripashankar Yadav,Manendra Nath Rai Counsel for Opposite Party :- G.A.,Ashok Shukla

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Hon'ble Rajeev Singh,J.

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

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The instant application has been filed for quashing the charge-sheet dated 05.08.2020 filed in Case Crime No.140 of 2020, under Sections 323, 504 and 506 I.P.C., Police Station P.G.I., District Lucknow as well as summoning order dated 09.08.2021 passed by Chief Judicial Magistrate, Lucknow in Criminal Case No.66611 of 2021.

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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.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 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

Nisha and Others v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

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Nisha and Others v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

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