Disposed

Shiv Vrat Raghuvanshi v. State of U.P. Thru. Secy. Home and Another

Allahabad HC12 Jul 2023/6571/2023

Case brief

AI extract

What is this about?

Court disposed of an application under Section 482 CrPC regarding quashing of criminal proceedings. The High Court directed the trial court to verify a filed compromise deed by issuing notices to signatories. No coercive action was ordered pending verification.

What did the court decide?

Application disposed; direction to trial court to verify compromise and try case thereafter; no coercive action for one month.

Shiv Vrat Raghuvanshi Vs State of U.P. Thru. Secy. Home… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:45240

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 6571 of 2023

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Applicant :- Shiv Vrat Raghuvanshi Opposite Party :- State Of U.P. Thru. Secy. Home And Another Counsel for Applicant :- Manish Soni Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Sri Rudramani Shukla, Advocate on behalf of private respondent is taken on record.

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Heard learned counsel for the applicant, learned counsel for private respondent 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 entire criminal proceeding of criminal case no.126548 of 2022 including the summoning order dated 20.12.2022 arising out of case crime no.480 of 2022 u/s 420 IPC and Section 66-D I.T. Act, P.S. Para, Lucknow as well as charge-sheet dated 07.12.2022.

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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.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

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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 applicant 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 :- 12.7.2023 Arpan

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

Shiv Vrat Raghuvanshi v. State of U.P. Thru. Secy. Home and Another

Case brief

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Shiv Vrat Raghuvanshi v. State of U.P. Thru. Secy. Home and Another

Case brief

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What the court decided

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